Court refuses bail for KC Luxury and two others over cocaine charges

The Federal High Court in Lagos on Friday turned down the bail requests of Kazeem Afolabi, known as KC Luxury, and two other people facing trial for cocaine trafficking and money laundering.

While denying the bail, Judge Musa Kakaki noted the seriousness of the charges, the possible punishments and the risk that the defendants might flee if released.

Mr Kakaki also mentioned the high rate of drug trafficking and its impact on society, as reported by Sahara Reporters.

On 25 September, the National Drug Law Enforcement Agency (NDLEA) arraigned Mr Afolabi and his two co-defendants on 22 counts of cocaine trafficking, illegal export of drugs and money laundering. The judge ordered them to stay in the agency's custody while awaiting a decision on their bail.

The other two defendants are Boniface Sule and Ikechukwu Patriarch. Mr Afolabi is named in 21 of the 22 counts.

All the defendants pleaded not guilty to the charges.

After denying bail on Friday, Judge Kakaki postponed the hearing until 5 November, with daily sessions planned during that time.

How the case began

The case started after the seizure of 184.5 kilograms of cocaine at a DHL facility located at the Nigerian Aviation Handling Company (NAHCO) in Ikeja, Lagos, on 3 August.

The NDLEA valued the cocaine at around N39 billion and called it their biggest cocaine interception through a courier in Nigeria.

The agency said the cocaine was hidden in five packages meant for London, with Yemi Ejide listed as the sender.

The prosecution claims the defendants worked with Atandare Oladipupo Oluwarotimi and Latifat Yusuf to export the cocaine.

The NDLEA added that the two suspects were arrested in London as part of the investigation.

The agency also claimed that Mr Afolabi used a staff member of BOT Express Logistics on Lagos Island to process the packages. He allegedly paid N13.2 million from a Mallamawa Ventures account with Zenith Bank.

The NDLEA said the shipment was part of an international drug trafficking network that reportedly moves cocaine from South America through Nigeria to the UK, Europe and Asia.

Buba Marwa, the agency's chairman, identified Mr Afolabi as the alleged leader of the network in Nigeria.

Mr Afolabi was arrested on 13 August at Murtala Muhammed International Airport in Lagos while getting ready to fly to Paris.

The NDLEA reported that they found €7,750, £2,800 and N100,000 in cash with him, along with jewellery and other items. They also seized luxury cars and other assets from his apartment in Banana Island.

Money-laundering claims

The NDLEA accused Mr Afolabi of moving billions of naira through various company and personal accounts.

These accounts included those of Mallamawa Ventures, Fateey Man Multi-Purpose Nigeria Limited, Patonifa Limited, Ade-Lak Resources, Holmestas Global Services Limited and La Capital Enterprises.

The agency claimed that some of this money was used to buy cars and properties to hide the profits from the alleged drug trade.

Mr Afolabi was also accused of not declaring his assets to the agency as required by law.

Previous detention issue

Mr Afolabi spent over a month in NDLEA custody before his arraignment.

On 20 August, another judge, Akintayo Aluko, allowed the agency to keep him in custody for 30 days to continue their investigation. The court also ordered that funds in his Providus Bank account and other accounts linked to his Bank Verification Number be preserved.

Mr Afolabi, through his lawyer Abdulakeem Labi-Lawal, a Senior Advocate of Nigeria (SAN), challenged this order.

The defence argued that the court did not have the power to extend the detention of someone who had not been charged. They based this on Sections 293 to 299 of the Administration of Criminal Justice Act, especially section 296(1).

The NDLEA opposed the application, stating that the order was meant to help them finish their investigation and was not a remand order under the ACJA.

Mr Aluko rejected the defence's application on 17 September, saying that the defence’s arguments did not apply to this case.

The judge also stated that the evidence presented showed reasonable suspicion of a drug-related offence and justified limiting Mr Afolabi's freedom under section 35 of the Nigerian constitution.

Mr Afolabi has filed a separate fundamental-rights case before Judge Friday Ogazi, challenging his ongoing detention.

He wants to be released or granted bail until any criminal charge is filed. He also seeks damages for issues related to his arrest, detention, privacy and the release of photographs and videos of him while in NDLEA custody.

The three defendants will stay in custody after Friday’s ruling and will return to court for the next proceedings.