Businessman and social media star, Kazeem Michael Afolabi, known as KC Luxury, has asked the Federal High Court in Lagos to cancel an order allowing the National Drug Law Enforcement Agency (NDLEA) to keep him in custody for 30 days without charging him.
Mr Afolabi's lawyer, Abdulakeem Labi-Lawal, a Senior Advocate of Nigeria (SAN), told Judge Friday Ogazi on Wednesday that the detention order does not follow the Administration of Criminal Justice Act (ACJA). This law says a suspect can only be held for an initial period of 14 days.
The drugs suspect has been in NDLEA custody since his arrest on 13 August. This was in connection with the agency’s seizure of 184.5 kilograms of cocaine in Lagos.
The NDLEA got the 30-day detention order from another judge, Akintayo Aluko, on 20 August. They argued that they needed extra time to investigate the drug trafficking case against him.
But Mr Labi-Lawal insisted the order should be canceled since his client has not been charged with any crime. He referred to Sections 293 to 299 of the ACJA, mainly Section 296(1). He argued that the law does not allow a court to keep a suspect for more than 14 days initially.
He pointed out the words “shall,” “not exceeding,” and “in the first instance” in the law. He argued that the meaning is clear. If investigators need more time after the first period, they must return to court and explain why.
“The power to try a person charged under the NDLEA Act is different from the power to hold a suspect who has not been charged,” the lawyer said. He also questioned if the court could legally keep someone in custody just to give investigators more time.
He asked the court to speed up the hearing and move the 17 September date set for reviewing the detention order.
The lawyer argued that keeping the suspect in custody could violate his constitutional right to personal freedom. Mr Labi-Lawal also told the court that the 30-day order does not mean that the NDLEA must keep his client in custody for the whole time.
He explained that the agency could release Mr Afolabi on bail if they were happy with how the investigation was going. The lawyer also mentioned that they were waiting for a ruling on another case challenging the court's authority that gave the detention order.
He asked Mr Ogazi to let the defense respond to the NDLEA’s counter-affidavit, which he had received. Mr Labi-Lawal said his client had five days to file a response.
NDLEA lawyer, Abu Ibrahim, did not oppose the request. He explained that the agency obtained the 30-day detention order in August before Mr Afolabi later asked Mr Ogazi for an order to appear in court.
Mr Ogazi postponed the case until 21 September for more proceedings. The order obtained from Mr Aluko also instructed to preserve funds in Mr Afolabi’s Providus Bank account and other accounts linked to his Bank Verification Number (BVN) until the investigation and/or prosecution is complete.
Mr Aluko had set 17 September for the NDLEA to report the progress of its investigation. In a separate suit before Mr Ogazi, Mr Afolabi is asking the court to declare that his continued detention is unconstitutional. He claims it violates his right to personal freedom under the Nigerian constitution.
He is also asking for his immediate release or bail on easy terms until any criminal charge is filed against him. In a sworn statement supporting the suit, his father, Eric Afolabi, claimed that his son has been in NDLEA custody since his arrest without being told the reason or taken to a proper court.
Mr Afolabi also claimed that NDLEA operatives searched his Banana Island home without showing a warrant and took his iPhone 15. He accused the agency of taking and spreading photos and videos of him in custody, saying these made him look like a criminal before any trial or conviction.
He is asking for N100 million in damages for the alleged sharing of the photos and videos, N50 million for his unlawful arrest and detention, and N40 million for invasion of privacy.
Mr Afolabi was arrested after the NDLEA seized 184.5 kilograms of cocaine on 3 August at a DHL facility in the Nigerian Aviation Handling Company (NAHCO) in Ikeja, Lagos. The agency valued the consignment at about N39 billion and called it its biggest cocaine interception through a courier company in Nigeria.
The NDLEA said its investigation linked the shipment to an international trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe, and Asia. NDLEA Chairman, Buba Marwa, named Mr Afolabi as the alleged Nigerian “leader” of the network.
Mr Marwa said they arrested him on 13 August at the boarding gate of the Murtala Muhammed International Airport in Lagos while he was getting ready to travel to Paris. The agency claimed it found €7,750, £2,800, and N100,000 in cash, along with jewelry, from him.
They also mentioned that searching his luxury apartment in Banana Island led to finding expensive cars and other assets. The NDLEA said Mr Afolabi used his businesses in gold, jewelry, and luxury goods to hide his involvement in the trafficking network.
The agency also arrested Lawal Kehinde, an employee of a logistics company, who they accused of helping to process and transport cocaine shipments for export. Mr Marwa explained that the investigation uncovered the use of fake identities and financial facilitators, as well as contacts in the UK. He added that some suspects connected to the network had been arrested abroad.
The NDLEA’s request for the detention order was backed by a sworn statement from one of its officers, Okonkwo Ebuka Anthony.
Drop your comment
No comments yet — be the first to drop the gist 👇