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Businessman and social media influencer, Afolabi 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 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 nullify the proceedings leading to the September 25, 2026, order, vacate the directive and order the immediate release of the affected assets.
The defendant also raised the alarm over his health, with his counsel, Chief Emefo Etudo, telling the court that Kazeem was in a critical condition and needed urgent medical attention.
At Wednesday’s proceedings, Etudo informed Justice Musa Kakaki that the defence had filed an application challenging the court’s jurisdiction, insisting that the objection should be determined before the prosecution could proceed with other applications relating to the preservation order.
“My Lord, I was shown the publication about three days ago and had to rush to file our objection on jurisdiction,” the lawyer said.
He argued that the prosecution could not seek to establish compliance with the preservation order while the defence was questioning the legal basis upon which it was issued.
According to him, Kazeem was not served with a hearing notice before the order was made, thereby denying him an opportunity to oppose the application.
Etudo maintained that the alleged omission violated Section 36(1) of the 1999 Constitution, which guarantees the right to fair hearing, and raised fundamental questions about the validity of the proceedings.
Counsel for the National Drug Law Enforcement Agency (NDLEA), Abu Ibrahim, however, told the court that the matter was scheduled for a report of compliance with its September 25 directives.
Ibrahim explained that the court had granted the preservation order following an ex parte application by the agency and directed that it be published in a national newspaper.
After listening to both parties, Justice Kakaki indicated that he would hear the defence’s jurisdictional challenge alongside the other applications before the court.
The defence’s application, dated October 13, seeks an order striking out the proceedings for want of jurisdiction, setting aside the preservation order and directing the immediate release of the affected properties.
Relying on Section 36(1) of the Constitution and the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, the defence argued that compliance with due process was fundamental to the valid exercise of judicial jurisdiction.
It 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 legal challenge, Etudo expressed concern over his client’s health, alleging that Kazeem was in a life-threatening 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 defence also relied on an affidavit sworn to by Kazeem’s wife, Adepeju Afolabi, who 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 living with chronic asthma.
It stated that he had suffered recurrent episodes of breathlessness, wheezing and chest pain despite treatment.
The medical officer recommended that Kazeem be assessed 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, questioning the necessity of such action while the criminal trial remained pending.
According to the supporting affidavit, Kazeem told 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 informed her that the agency had begun taking steps towards selling the assets.
The defence argued that the properties were not perishable and questioned the need for their preservation before the conclusion of the trial.
It further maintained that Kazeem remained presumed innocent until proven guilty.
The NDLEA’s position on the alleged moves to sell the properties was not stated during the proceedings.
Kazeem is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch 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.
