Justice Friday Ogazi of the Federal High Court sitting in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce detained Lagos social media influencer and businessman, Afolabi Kazeem Michael, popularly known as “KC Luxury,” in court after he allegedly spent 14 days in the agency’s custody without being formally charged.
The court also directed the anti-narcotics agency to respond within five days to the fundamental rights application challenging Afolabi’s continued detention and to show cause why he should not be released or admitted to bail.
Justice Ogazi made the orders on Thursday following an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules, 2009.
Afolabi was allegedly arrested by NDLEA operatives on August 13, 2026, at the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris.
In the application before the court, his father, Eric Afolabi, who deposed to the supporting affidavit on his behalf, alleged that his son had remained in NDLEA custody since his arrest without being informed of the offence for which he was arrested or formally charged before a competent court.
After hearing the application, Justice Ogazi directed that the NDLEA be served with the ex parte motion, the enrolled order and other accompanying processes within four working days.
The judge further directed the agency to file its response within five days of service and produce Afolabi in court on the next adjourned date for the hearing of the substantive originating motion.
The matter was adjourned until September 9, 2026, for hearing of the substantive application.
The order followed the applicant’s contention that his continued detention beyond the constitutionally permitted period, without a charge being preferred against him, amounted to a violation of his fundamental right to personal liberty.
In the substantive suit, Afolabi is seeking declarations that his continued detention without a formal charge is unconstitutional and constitutes a breach of his fundamental rights under the 1999 Constitution.
He is also asking the court to order his immediate release or, alternatively, admit him to bail on liberal terms pending the filing of any charge against him.
The applicant alleged that NDLEA operatives unlawfully arrested and detained him after intercepting him at the airport.
He further alleged that the agency searched his residence at Movamo Court, Banana Island, Lagos, after his arrest without showing him or members of his family a search warrant.
According to the affidavit, the operatives searched the entire premises but found nothing incriminating.
Afolabi also alleged that the operatives seized his iPhone 15 and demanded that he disclose the password to the device, allegedly under threat of bodily harm.
He claimed that the phone contained private information belonging to him and his wife and that the search did not reveal any narcotics, drug-related transactions, communications or other material linking him to an offence.
The applicant further accused the NDLEA of taking and circulating photographs and videos of him while in custody in circumstances which, he alleged, portrayed him as a criminal before trial or conviction.
He contended that the alleged publication violated his constitutional rights to dignity and privacy and exposed him to public ridicule, embarrassment and humiliation.
Afolabi is consequently seeking ₦100 million in damages over the alleged taking and circulation of his photographs and videos.
He is also seeking ₦50 million in damages for alleged unlawful arrest and detention and another ₦40 million for alleged invasion of the privacy of his home and telephone.
Seeks Return of Seized Property
The applicant is further asking the court to order the NDLEA to return several items allegedly seized from him.
The items include €8,000, £3,000, a blue-strap Patek Philippe Nautilus wristwatch, an Audemars Piguet wristwatch with three bangles, a Hermès handbag, a Hermès Birkin travel bag, a Louis Vuitton travel box, an iPhone 15, a Lexus RX350 and a 2024 Toyota Hilux.
He claimed that none of the items was acquired from the proceeds of narcotics or any other criminal activity.
Afolabi also raised medical concerns, alleging that he requires urgent treatment and management for acute and severe asthma and that the facility where he is being detained cannot adequately provide the required medical care.
He told the court that he has a permanent address in Lagos, strong family and business ties in Nigeria and is willing to surrender his international passport and comply with any bail conditions imposed by the court.
According to the NDLEA, the arrest followed an investigation into the interception of 184.50 kilogrammes of cocaine allegedly linked to an international trafficking network.
The agency alleged that the cartel used Nigeria as a transit hub for cocaine shipments to the United Kingdom, Europe and Asia.
It also said its investigation led to the seizure of foreign currencies and luxury items, as well as searches connected to the suspect.
The NDLEA’s allegations have not been determined by the court, while Afolabi, through his fundamental rights suit, is challenging the legality of his continued detention and the manner in which he was allegedly treated following his arrest.
Justice Ogazi’s latest order does not determine the substantive allegations against either Afolabi or the NDLEA.
Rather, the order gives the agency an opportunity to respond to the applicant’s claims and requires it to produce him in court for the substantive proceedings.
The court will, at the next hearing, consider the substantive application in which Afolabi is challenging his continued detention and seeking his release or bail, alongside the other reliefs and damages claimed against the NDLEA.
