The Federal High Court in Lagos has upheld the 30-day detention of Kazeem Michael Afolabi, popularly known as KC Luxury, over his alleged involvement in the trafficking of 184.5 kilogrammes of cocaine.
The trial judge Akintayo Aluko dismissed Mr Afolabi’s application challenging the detention order on Thursday. The court held that the provisions of the Administration of Criminal Justice Act (ACJA) relied on by his lawyer did not apply to the case.
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The court had on 20 August given the nod to the National Drug Law Enforcement Agency (NDLEA) to keep Mr Afolabi in custody for 30 days while it continued its investigation.
Mr Afolabi, through his lawyer, Abdulakeem Labi-Lawal, who is a Senior Advocate of Nigeria (SAN), subsequently asked the court to set aside the order.
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Mr Labi-Lawal argued that the court had no jurisdiction to extend the detention of his client, who had not been charged with any offence.
He relied on Sections 293 to 299 of the ACJA, particularly Section 296(1), in arguing that Mr Afolabi could not be kept in custody beyond the period allowed by law.
The lawyer also argued that the Federal High Court’s jurisdiction to try offences under the NDLEA Act was different from its power to remand an uncharged suspect.
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He said keeping Mr Afolabi in custody while the investigation continued amounted to a violation of his constitutional right to personal liberty.
The NDLEA opposed the application.
Its lawyer, Abu Ibrahim, told the court that the defence had wrongly described the 20 August order as a remand order under the ACJA.
According to Mr Ibrahim, the order was an extension of detention granted to allow the agency to complete its investigation into the alleged drug-trafficking offence.
Why KC Luxury was arrested
Mr Afolabi was arrested on 13 August at the departure hall of the Murtala Muhammed International Airport, Lagos, while allegedly preparing to travel to Paris, France.
His arrest followed the NDLEA’s seizure of 184.5kg of cocaine on 3 August at a DHL facility within the premises of the Nigerian Aviation Handling Company in Ikeja.
The agency valued the cocaine at about N39 billion and described the seizure as its largest cocaine interception through a courier company in Nigeria.
The NDLEA said its investigation linked the consignment to an international drug-trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.
The agency’s chairman, Buba Marwa, described Mr Afolabi as the alleged Nigerian “arrowhead” of the network.
The agency also said investigators recovered €7,750, £2,800 and N100,000 in cash, jewellery and other items from Mr Afolabi after his arrest.
It stated that a search of his apartment in Banana Island also led to the recovery of exotic vehicles and other assets.
Earlier court order
In granting the 30-day detention order on 20 August, Mr Aluko directed that funds in Mr Afolabi’s Providus Bank account and other accounts linked to his Bank Verification Number be preserved.
The order was to remain in force pending the conclusion of the investigation and/or prosecution.
The court fixed 17 September for the NDLEA to report on the progress of its investigation.
Mr Afolabi is also challenging his continued detention in a separate fundamental-rights suit before Justice Friday Ogazi.
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He is asking the court to order his release or grant him bail pending the filing of any criminal charge against him.
He is also seeking damages over allegations concerning his arrest, detention, privacy and the publication of photographs and videos of him while in NDLEA custody.
Court’s decision
In dismissing the application on Thursday, Mr Aluko held that Sections 293 to 299 of the ACJA, which deal with remand proceedings, did not apply to the circumstances of the case.
The judge also cited Section 251(1)(m) of the 1999 Constitution and Section 26(1) of the NDLEA Act in addressing the Federal High Court’s jurisdiction over offences under the drug law.
Mr Aluko further held that the materials presented by the NDLEA disclosed reasonable suspicion of a drug-related offence.
He said the circumstances justified a temporary restriction of Mr Afolabi’s liberty under Section 35 of the Constitution.
The judge consequently dismissed the application, holding that it lacked merit and amounted to an abuse of court process.
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