Businessman and social media influencer, Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged the jurisdiction of the Federal High Court in Lagos over an interim order preserving his property, alleging that the proceedings violated his constitutional right to fair hearing.
Kazeem, who is standing trial alongside two others over an alleged 184.5kg cocaine trafficking operation and money laundering, is seeking to set aside the September 25, 2026, order, strike out the proceedings leading to its issuance and secure the immediate release of the affected assets.
At Wednesday’s proceedings, defence counsel, Chief Emefo Etudo, told Justice Musa Kakaki that the defence had filed an application challenging the court’s jurisdiction. He urged the court to determine the objection before proceeding with other applications relating to the matter, arguing that the preservation order was made without giving his client an opportunity to be heard.
Etudo said he became aware of the publication of the interim order only a few days earlier, prompting him to file the objection urgently. He relied on Section 36(1) of the 1999 Constitution, which guarantees the right to fair hearing, and cited the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341 in support of his argument that due process is fundamental to the valid exercise of jurisdiction.
Counsel to the National Drug Law Enforcement Agency (NDLEA), Abu Ibrahim, told the court that the matter was scheduled for a report of compliance with the directives issued on September 25. He explained that the court had granted the preservation order following an ex parte application by the prosecution and directed that it be published in a national newspaper. Justice Kakaki subsequently indicated that he would hear the jurisdictional challenge alongside the other applications before him.
Beyond the legal challenge, Etudo raised concerns about Kazeem’s health, telling the court that his client was in a critical condition. He alleged that Kazeem was taken to the Lagos University Teaching Hospital (LUTH) on Tuesday before being moved by the police to the Police Hospital, adding that the defendant was experiencing serious respiratory complications. “Only the living can be tried,” the lawyer said.
Kazeem’s wife, Adepeju Afolabi, also raised concerns about his deteriorating health in an affidavit supporting the application. Attached to the affidavit was a medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command in Lagos. The report, signed by Dr Odey John C., a Superintendent of Narcotics and head of the medical unit, identified Kazeem as a 49-year-old man with chronic asthma who had suffered recurrent breathlessness, wheezing and chest pain despite treatment.
The medical officer recommended that Kazeem be assessed by a consultant respiratory physician or pulmonologist to evaluate his condition, optimise treatment and prevent further acute episodes. The defence also alleged that the NDLEA had begun taking steps to sell the property covered by the preservation order, claiming that Kazeem informed his wife during a visit to the Ikoyi Correctional Centre on October 2 that he had learnt of the order through media reports and subsequently heard that the agency was moving towards selling the assets.
The defence argued that the property were not perishable, that the criminal trial had yet to be concluded and that Kazeem remained presumed innocent until proven guilty. It maintained that the alleged procedural irregularities rendered the proceedings a nullity and urged the court to vacate the preservation order and direct the immediate release of the affected properties.
Kazeem and his co-defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, are standing trial before Justice Kakaki on a second amended 22-count charge filed by the NDLEA bordering on alleged conspiracy, cocaine trafficking and money laundering. The defendants have pleaded not guilty to the charge.
