Justice Friday Ogazi of the Federal High Court sitting in Lagos has ordered the National Drug Law Enforcement Agency to produce Lagos social media influencer and businessman Kazeem Afolabi, popularly known as “KC Luxury”, before the court following his alleged 14-day detention without a formal charge.
The order was made on Thursday in an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, pursuant to the Fundamental Rights (Enforcement Procedure) Rules 2009.
The court also directed the NDLEA to respond within five days to the application challenging Afolabi’s continued detention and to show cause why he should not be released or admitted to bail.
Afolabi was allegedly arrested by NDLEA operatives on August 13, 2026, at the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris.
His father, Eric Afolabi, who deposed to the affidavit in support of the application, alleged that the applicant had remained in the custody of the NDLEA since his arrest without being informed of the offence for which he was arrested or being charged before a court of competent jurisdiction.
Following the hearing of the ex-parte application, Justice Ogazi ordered the applicant to serve the NDLEA with the motion, enrolled order and other accompanying processes within four working days.
The judge directed the agency to file its response within five days of service and produce Afolabi before the court on the next adjourned date for the hearing of the substantive originating motion.
The matter was adjourned until September 9, 2026, for hearing.
In the substantive application, Afolabi is seeking declarations that his continued detention without a formal charge is unconstitutional and amounts to a violation of his fundamental rights guaranteed under the 1999 Constitution.
He is also seeking an order directing the NDLEA to release him immediately or, in the alternative, admit him to bail on liberal terms pending the filing of any charge against him.
The applicant alleged that NDLEA operatives arrested and detained him after intercepting him at the airport.
He further alleged that, following his arrest, operatives of the agency searched his residence at Movamo Court, Banana Island, Lagos, without showing him or members of his family a search warrant.
According to the affidavit, the operatives searched the premises but allegedly recovered nothing incriminating.
Afolabi also alleged that the operatives seized his iPhone 15 and demanded the password to the device, allegedly threatening him with bodily harm if he refused to disclose it.
He maintained that the phone contained private information belonging to him and his wife and that the search of the device allegedly revealed no narcotics, drug-related transactions, communications or other material connecting him with any offence.
The applicant further alleged that the NDLEA took and circulated photographs and videos of him while in custody, portraying him as a criminal despite the absence of a conviction.
He contended that the alleged publication violated his constitutional rights to dignity and privacy and subjected him to ridicule, embarrassment and humiliation.
Consequently, he is asking for N100m for damages over the alleged taking and circulation of his photographs and videos.
He is also demanding N50m for alleged unlawful arrest and detention and N40m for alleged invasion of the privacy of his home and telephone.
Afolabi is also seeking an order directing the NDLEA to return properties allegedly seized from him.
The items listed in the application include €8,000, £3,000, a blue-strap Patek Philippe Nautilus wristwatch, an Audemars Piguet wristwatch with three bangles, a Hermès handbag, a Hermès Birkin travel bag, a Louis Vuitton travel box, an iPhone 15, a Lexus RX350 and a 2024 Toyota Hilux.
He maintained that none of the properties was acquired from the proceeds of narcotics or any other criminal activity.
The applicant also raised concerns about his medical condition, alleging that he suffers from acute and severe asthma requiring urgent treatment and management which, he claimed, the facility where he is being detained is unable to adequately provide.
He further told the court that he has a permanent address in Lagos, strong family and business ties within Nigeria and is prepared to surrender his international passport and comply with any bail conditions imposed by the court.
The NDLEA, according to the processes before the court, linked Afolabi’s arrest to an investigation arising from the interception of 184.50kg of cocaine allegedly connected to an international drug trafficking network.
The agency alleged that the network used Nigeria as a transit point for cocaine shipments destined for the United Kingdom, Europe and Asia.
It further alleged that the investigation resulted in the seizure of foreign currencies and luxury items and prompted searches connected with the applicant.
Source: punchng.com
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