The Federal High Court in Lagos has agreed to keep Kazeem Michael Afolabi, also known as KC Luxury, in detention for another 30 days. This is due to his suspected role in bringing in 184.5 kilogrammes of cocaine.
Trial judge Akintayo Aluko rejected Mr Afolabi's request to challenge the detention order on Thursday. The court said the rules from the Administration of Criminal Justice Act (ACJA) that his lawyer mentioned did not apply to his case.
On 20 August, the court allowed the National Drug Law Enforcement Agency (NDLEA) to hold Mr Afolabi for 30 days while they continue their investigation.
Mr Afolabi's lawyer, Abdulakeem Labi-Lawal, who is a Senior Advocate of Nigeria (SAN), later asked the court to cancel the order.
Mr Labi-Lawal argued that the court should not have the power to extend his client's detention since he has not been charged with a crime. He pointed to Sections 293 to 299 of the ACJA, especially Section 296(1), saying Mr Afolabi should not be held longer than the law allows.
The lawyer added that the Federal High Court's power to handle cases under the NDLEA Act is different from its authority to keep someone in custody without charges. He claimed that holding Mr Afolabi while the investigation was ongoing violated his right to personal freedom.
The NDLEA opposed this request. Their lawyer, Abu Ibrahim, told the court that the 20 August order was not a remand order under the ACJA, as the defense claimed.
Mr Ibrahim explained that the order was simply an extension of detention. This was to let the agency finish its investigation into the suspected drug trafficking.
How KC Luxury Got Arrested
Mr Afolabi was arrested on 13 August at the Murtala Muhammed International Airport in Lagos. He was reportedly about to board a flight to Paris, France.
His arrest came after the NDLEA seized 184.5 kg of cocaine on 3 August at a DHL office located at the Nigerian Aviation Handling Company in Ikeja.
The agency said the cocaine is worth about N39 billion and labeled the seizure as its biggest cocaine bust through a courier company in Nigeria.
The NDLEA connected the shipment to an international drug network that is said to be moving cocaine from South America through Nigeria to the UK, Europe, and Asia. The chairman of the agency, Buba Marwa, called Mr Afolabi the alleged Nigerian leader of this network.
They also reported finding €7,750, £2,800, and N100,000 in cash, along with jewelry and other valuables from Mr Afolabi after his arrest. A search of his home in Banana Island also uncovered luxury cars and other assets.
Previous Court Order
When the court approved the 30-day detention on 20 August, Mr Aluko ordered that funds in Mr Afolabi's Providus Bank account and other accounts linked to his Bank Verification Number be frozen.
This order is to stay in effect until the investigation or any prosecution is finished. The court set 17 September for the NDLEA to update on their investigation.
Mr Afolabi is also fighting his detention in a separate case for his rights before Justice Friday Ogazi. He wants the court to either release him or grant bail until any criminal charges are filed against him.
He is also asking for compensation for claims about his arrest, detention, privacy issues, and the release of photos and videos of him while in NDLEA custody.
Court's Ruling
In dismissing the request on Thursday, Mr Aluko stated that Sections 293 to 299 of the ACJA, dealing with remand processes, do not apply to this case.
The judge also referenced Section 251(1)(m) of the 1999 Constitution and Section 26(1) of the NDLEA Act to discuss the Federal High Court's power over drug law offenses.
Mr Aluko noted that the evidence provided by the NDLEA showed reasonable suspicion of a drug-related crime. He concluded that the situation justified temporarily limiting Mr Afolabi's freedom under Section 35 of the Constitution.
The judge then dismissed the application, stating it lacked merit and abused the court process.
Drop your comment
No comments yet — be the first to drop the gist 👇