The scheduled hearing of a suit filed by detained social media influencer, Afolabi Kazeem Michael, popularly known as KC Luxury, against the National Drug Law Enforcement Agency (NDLEA) before a Federal High Court, Lagos, was stalled today, as the presiding judge, Justice Friday Ogazi, did not sit on the matter.
Justice Ogazi, had on the last hearing of the matter fixed today, September 21, 2026, for further proceedings in the suit, in which the defendant is challenging his continued detention by the NDLEA.
The judge was said to on official assignment outside the court’s jurisdiction.
Kazeem, through his counsel, Abdulakeem Labi-Lawal (SAN), had challenged the August 20 order authorising the NDLEA to keep him in custody for 30 days for further investigation.
During an earlier proceeding before Justice Ogazi, Labi-Lawal had argued that although the NDLEA had obtained an order authorising the detention, the order did not expressly require that Kazeem remain in custody throughout the entire 30-day period.
The senior lawyer submitted that the agency could release his client on bail if it was satisfied with the progress of its investigation.
He also argued that the Federal High Court lacked jurisdiction to issue the detention order, contending that its jurisdiction to try offences under the NDLEA Act was distinct from the power to make a pre-charge remand order.
The defence relied on Sections 293 to 299 of the Administration of Criminal Justice Act (ACJA), 2015, which govern pre-charge remand proceedings.
It specifically cited Section 296(1), which provides that an initial remand order shall be for a period not exceeding 14 days.
The lawyers argued that the words “shall”, “not exceeding” and “in the first instance” left no room for a court to substitute a 30-day detention period for the statutory maximum without further judicial scrutiny.
They consequently urged the court to set aside or discharge the August 20, order and abridge the time for hearing the application, arguing that continued detention could infringe Kazeem’s constitutional right to personal liberty.
But the NDLEA through its counsel, Abu Ibrahim, did not oppose the adjournment but clarified that the 30-day detention order had been obtained in August, before Kazeem subsequently approached the court seeking an order for his production.
The agency had maintained that the order was not a remand order under the ACJA but an extension of detention granted to enable it conduct further investigations.
However, the jurisdictional challenge was subsequently addressed in a ruling by Justice Akintayo Aluko of the Federal High Court.
Justice Aluko had on last Thursday dismissed Kazeem’s application seeking to set aside the August 20 detention extension order, holding that the order was validly made and supported by the Constitution and relevant drug-control laws.
The judge held that Sections 293 to 299 of the ACJA did not apply to the order under challenge.
Justice Aluko further held that the Federal High Court has exclusive jurisdiction over drug-related offences under Section 251(1)(m) of the Constitution and Section 26(1) of the NDLEA Act.
The judge also found that the NDLEA had placed sufficient material before it to establish reasonable suspicion of a drug-related offence, providing a basis for the temporary deprivation of Kazeem’s liberty under Section 35 of the Constitution.
Justice Aluko consequently dismissed the application as lacking in merit and held that it constituted an abuse of court process, leaving the August 20 detention extension order intact.
The inability of the Justice Ogazi to sit today, therefore leaves Kazeem’s suit before his court pending, even as the NDLEA’s 22-count criminal charge formally brings the allegations of cocaine trafficking and money laundering before the court.
In the 22 counts amended charge marked FHC/LAG/CR/755/2026, filed by the NDLEA, Kazeem alongside the duo of Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, over alleged cocaine trafficking, money laundering and related offences.
The charges include; allegations that Kazeem and others conspired to export 184.5 Kilogrames of cocaine to London, while Kazeem alone faces several counts relating to alleged money laundering and dealings in proceeds of unlawful activity.
The prosecution also alleged that Kazeem used various companies and bank accounts to move hundreds of millions of naira through different entities and subsequently directed transfers to other persons or companies with the intention of concealing or disguising their origin.
The amended charge further alleges that he acquired motor vehicles and landed properties which he knew, or ought reasonably to have known, formed part of the proceeds of unlawful activity.
The final count alleges that on August 14, 2026, Kazeem refused to answer questions or furnish information about his movable and immovable assets as required in an Assets Declaration Form.
The filing of the charge comes against the backdrop of Kazeem’s legal challenge to the 30-day detention order obtained by the NDLEA while investigating the alleged drug trafficking offence.
Kazeem was arrested by the NDLEA on August 13 at the departure hall of the Murtala Muhammed International Airport, Lagos, while allegedly attempting to travel to Paris, France.
The agency alleged that his arrest was connected with the seizure of 184.5kg of cocaine at a DHL facility in Ikeja, Lagos.
Under the new 22-count charge, the prosecution alleged in the first count that Kazeem, Sule and Patriarch conspired with Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who the charge said had been arrested in London, to export the cocaine in five consignments to the United Kingdom.
Other counts allege that Kazeem procured a logistics operator to facilitate the shipment and transferred N13.2 million as payment for its export.
Counts seven to 17 contain various allegations of money laundering involving sums ranging from N50 million to N924.24 million and N790.35 million, allegedly transferred through companies and bank accounts linked to the defendants.
The prosecution also alleged that N528.5 million was transferred to a motor company for vehicles allegedly acquired with proceeds of unlawful activity, while another count alleged a transfer of N1.035 billion for motor vehicles.
Count 21 alleges that Kazeem acquired motor vehicles and landed properties between 2024 and August 4, 2026, knowing, or having reason to know, that the properties formed part of the proceeds of unlawful activity.
The amended charge was signed by Theresa E. Asuquo, for the Director of Prosecution and Legal Services of the NDLEA, alongside prosecuting counsel Ibrahim Abu, Osaigbovo Cyril and Okon Arit Nora.
No date has been fixed for the defendants’ arraignment.
