KC Luxury Asks Court To Vacate Property Order, Alleges Denial of Fair Hearing in Cocaine Trafficking Case

KC Luxury Asks Court To Vacate Property Order

OpenLife News reports that businessman and social media influencer, Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged the Federal High Court in Lagos over an interim order preserving his properties, alleging violation of his right to fair hearing.

Kazeem, who is standing trial alongside two others over alleged 184.5kg cocaine trafficking and money laundering, is asking the court to strike out the proceedings, vacate the September 25, 2026 preservation order and release the affected assets.

At Wednesday’s proceedings, defence counsel, Chief Emefo Etudo, told Justice Musa Kakaki that the defence had filed a jurisdictional application which should be determined before other applications.

Etudo said he became aware of the publication of the interim order only three days earlier and had to urgently file the objection.

“My Lord, I was shown the publication about three days ago and had to rush to file our objection on jurisdiction,” he said.

He argued that the prosecution cannot proceed with a report of compliance when the legal basis of the order is being contested, adding that the order was obtained without giving his client an opportunity to be heard, contrary to Section 36 of the 1999 Constitution.

The defence application dated October 13 contends that Kazeem was not served a hearing notice before the preservation order was made. His lawyers cited Section 36(1) of the Constitution and Madukolu v. Nkemdilim (1962) 2 SCNLR 341 to argue that the alleged procedural breach renders the proceedings a nullity.

Responding, NDLEA counsel, Abu Ibrahim, said the matter was scheduled for report of compliance with the September 25 directives, noting that the court had granted the preservative order following an ex parte application and directed publication in a national newspaper.

After listening to both sides, Justice Kakaki said he would hear the jurisdictional challenge alongside other applications.

Defence Raises Health Concerns

Etudo also raised concerns over Kazeem’s health, saying his client is in critical condition.

“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” he said.

He alleged that Kazeem was taken to the Lagos University Teaching Hospital (LUTH) on Tuesday but was moved by police to the Police Hospital, and is suffering serious respiratory complications.“Only the living can be tried,” he added.

The claim was contained in an affidavit sworn to by Kazeem’s wife, Adepeju Afolabi, who said his health had deteriorated in custody.

Attached was a medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command, signed by Dr Odey John C., Superintendent of Narcotics and head of the unit.

The report described Kazeem as a 49-year-old man with chronic asthma with recurrent breathlessness, wheezing and chest pain, and recommended assessment by a consultant respiratory physician or pulmonologist.

The defence also alleged that NDLEA had begun moves to sell the preserved properties, questioning the need to preserve non-perishable assets while the trial is ongoing and while the defendant remains presumed innocent.

The application seeks to strike out the proceedings for want of jurisdiction, vacate the preservation order and direct immediate release of the properties.

The Trafficking Trial

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 of conspiracy, cocaine trafficking and money laundering filed by the NDLEA. They have pleaded not guilty.