Defence lawyers cite fair-hearing concerns and medical evidence; the accused and two co-defendants have pleaded not guilty.
Businessman and social media personality Afolabi Michael Kazeem, widely known as KC Luxury, has asked the Federal High Court in Lagos to overturn an interim order preserving his assets, arguing through counsel that the procedure used to obtain the order breached his right to a fair hearing.
Kazeem is standing trial with Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch over allegations relating to 184.5 kilograms of cocaine and money laundering. All three defendants have pleaded not guilty to the second amended 22-count charge filed by the National Drug Law Enforcement Agency. The allegations remain unproven unless established by the court.
At proceedings before Justice Musa Kakaki, defence counsel Emefo Etudo said an application dated October 13 challenged the court’s jurisdiction in relation to the September 25, 2026 preservation order. He asked that the objection be considered before the prosecution proceeded with other steps connected to the order.
Etudo contended that his client had not received a hearing notice before the order was made and had been denied an opportunity to oppose the application. The defence cited Section 36(1) of the Constitution and the judicial decision in Madukolu v. Nkemdilim in arguing that compliance with due process was fundamental to jurisdiction.
NDLEA lawyer Abu Ibrahim explained that the prosecution had obtained the interim preservation order through an application made without prior notice to the other side, and that the court had directed its publication in a national newspaper. The case had been listed for a report on compliance with that direction.
Justice Kakaki indicated that the jurisdictional challenge would be heard alongside other pending applications. No final determination on the validity of the preservation order was reported in the supplied account.
The defence also raised concerns about Kazeem’s health. Etudo told the court that his client was seriously ill and alleged that he had been taken to Lagos University Teaching Hospital before being transferred to the Police Hospital. An affidavit sworn by Kazeem’s wife, Adepeju Afolabi, described deterioration in his condition.
A medical report dated September 15 and attributed to an NDLEA medical officer, Dr Odey John C., identified the 49-year-old defendant as having chronic asthma, with recurring breathlessness, wheezing and chest pain. It recommended specialist assessment by a respiratory physician to review his treatment and reduce the risk of further attacks.
The defence further alleged that the agency had begun steps towards selling the preserved assets. That claim was presented in supporting affidavit evidence and was not established as a finding by the court. Lawyers argued that the properties were not perishable and that Kazeem continued to enjoy the presumption of innocence.
The application seeks to strike out the preservation proceedings, vacate the interim order and secure release of the affected property. The substantive criminal trial and the related asset dispute remain before the court.
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