Wale Igbintade
Businessman and social media influencer Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged the jurisdiction of the Federal High Court in Lagos over an interim order preserving his properties, alleging that the proceedings leading to the order violated his constitutional right to fair hearing.
Kazeem, who is standing trial alongside two others over an alleged 184.5kg cocaine trafficking operation and money laundering, is asking the court to strike out the proceedings relating to the property order, vacate the September 25, 2026, order and direct the immediate release of the affected assets.
At Wednesday’s proceedings, counsel to the defendants, Chief Emefo Etudo, told Justice Musa Kakaki that the defence had filed an application challenging the court’s jurisdiction, arguing that the issue should be determined before other applications relating to the matter.
Etudo explained that he had only become aware of the publication of the interim order a few days earlier and had to urgently file the application.
“My Lord, I was shown the publication about three days ago and had to rush to file our objection on jurisdiction,” he said.
The lawyer argued that the prosecution could not proceed with its request for a report of compliance with the order while the defence was challenging the legal basis upon which it was made.
He further contended that the order was obtained without giving his client an opportunity to be heard, contrary to the provisions of Section 36 of the 1999 Constitution, which guarantees the right to fair hearing.
According to him, the defence was seeking to establish that the circumstances surrounding the grant of the order raised fundamental questions about the court’s jurisdiction.
Responding, counsel for the National Drug Law Enforcement Agency (NDLEA), Abu Ibrahim, told the court that the matter had been scheduled for a report of compliance with the directives issued on September 25.
He said the court had granted a preservative order following an ex parte application by the prosecution and directed the publication of the order in a national newspaper.
The matter was subsequently adjourned for the prosecution to report compliance with the directive.
However, Etudo urged the court to consider the defence’s jurisdictional challenge, maintaining that the prosecution should not be allowed to proceed on the basis of an order whose validity was being contested.
After listening to the parties, Justice Kakaki indicated that he would hear the application challenging the court’s jurisdiction alongside the other applications before him.
The defence’s application, dated October 13, contended that Kazeem was not served with a hearing notice before the preservation order was made, thereby denying him an opportunity to oppose the application.
His lawyers relied on Section 36(1) of the Constitution and judicial authorities, including Madukolu v. Nkemdilim (1962) 2 SCNLR 341, to argue that compliance with due process is essential to the valid exercise of jurisdiction.
They maintained that the alleged procedural irregularities rendered the proceedings a nullity and warranted the setting aside of the order.
Defence Raises Health Concerns
Beyond the jurisdictional challenge, Etudo raised concerns about Kazeem’s health, telling the court that his client was in a 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.
The lawyer alleged that Kazeem was taken to the Lagos University Teaching Hospital (LUTH) on Tuesday but was subsequently moved by the police to the Police Hospital.
He further claimed that the defendant was experiencing serious respiratory complications.
“Only the living can be tried,” Etudo added.
The health concerns were also raised in an affidavit supporting the application, sworn to by Kazeem’s wife, Adepeju Afolabi.
She alleged that her husband’s health had deteriorated and that he had been receiving medical attention.
Attached to the affidavit was a medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command in Lagos.
The report, signed by Dr Odey John C., a Superintendent of Narcotics and head of the medical unit, identified Kazeem as a 49-year-old man with chronic asthma.
It stated that he had experienced recurrent episodes of breathlessness, wheezing and chest pain despite treatment.
The medical officer recommended an assessment by a consultant respiratory physician or pulmonologist to evaluate his condition, optimise his treatment and prevent further acute episodes.
The defence also alleged that the NDLEA had initiated steps to sell the properties covered by the preservation order.
According to the supporting affidavit, Kazeem informed his wife during a visit to the Ikoyi Correctional Centre on October 2 that he had learnt from media reports that the court had ordered the preservation of his properties.
She alleged that he subsequently told her that the agency had begun taking steps towards selling the assets.
The defence questioned the necessity of preserving the properties, arguing that they were not perishable and that the criminal trial had yet to be concluded.
It also maintained that Kazeem remained presumed innocent until proven guilty.
The application is seeking an order striking out the proceedings for want of jurisdiction, vacating the September 25 preservation order and directing the immediate release of the affected properties.
The Cocaine 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 filed by the NDLEA over alleged conspiracy, cocaine trafficking and money laundering.
The defendants have pleaded not guilty to the charges.