The Federal High Court in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce Kazeem Afolabi, popularly known as KC Luxury, a Lagos social media influencer and businessman. The order follows an ex parte application filed by Afolabi, challenging his alleged 14-day detention without a formal charge. Justice Friday Ogazi gave the order, directing the NDLEA to respond within five days and explain why Afolabi should not be released or granted bail.
Afolabi was allegedly arrested by NDLEA operatives on August 13 at the Murtala Muhammed International Airport in Lagos while preparing to travel to Paris. His father, Eric Afolabi, alleged in an affidavit that his son had remained in custody without being informed of the offence for which he was arrested or being formally charged before a court. The court has adjourned the matter until September 9, 2026, and ordered that Afolabi be produced at the next hearing.
In the substantive application, Afolabi is asking the court to declare his continued detention unconstitutional and order his immediate release or admission to bail. He also alleged that NDLEA operatives searched his Banana Island residence without showing a search warrant, seized his iPhone 15 and demanded its password. Furthermore, he claimed that photographs and videos of him were taken and circulated while he was in custody, portraying him as a criminal despite not having been convicted.
Afolabi is seeking N100m in damages over the alleged publication, N50m for alleged unlawful arrest and detention, and N40m for alleged invasion of the privacy of his home and telephone. He is also seeking the return of several properties allegedly seized during the investigation, including foreign currencies, luxury wristwatches, designer bags, his iPhone 15, and two vehicles. Afolabi maintained that the properties were not acquired from proceeds of narcotics or any criminal activity.
The NDLEA, however, linked Afolabi's arrest to an investigation into the interception of 184.50kg of cocaine allegedly connected to an international drug trafficking network. The agency alleged that the network used Nigeria as a transit point for cocaine shipments destined for the United Kingdom, Europe, and Asia. This investigation led to Afolabi's arrest, according to the NDLEA.
Afolabi also told the court that he suffers from severe asthma and requires medical care, which he claims the detention facility cannot adequately provide. His counsel, A. Labi-Lawal, SAN, filed the ex parte application under the Fundamental Rights (Enforcement Procedure) Rules 2009, challenging Afolabi's continued detention. The court has ordered the NDLEA to take necessary actions to ensure Afolabi's safety and well-being while in custody.
The case has significant implications for human rights and the rule of law in Nigeria, particularly regarding the detention of individuals without formal charges. The court's decision to order Afolabi's production and the NDLEA's response will be crucial in determining the next steps in the case. The NDLEA's actions will be scrutinized to ensure that they are in line with the law and respect Afolabi's fundamental rights.
Key points
- The Federal High Court in Lagos has ordered the NDLEA to produce KC Luxury over alleged 14-day detention without formal charge.
- Afolabi is seeking N190m in damages and the return of seized properties.
- The NDLEA linked Afolabi's arrest to an investigation into an international drug trafficking network.
