Businessman and social media influencer Afolabi Kazeem, popularly known as KC Luxury, has asked Justice Musa Kakaki of the Federal High Court in Lagos to recuse himself from his trial over alleged irregularities in court records and the judge's deteriorating health. Kazeem is standing trial for alleged 184.5 kilogrammes of cocaine trafficking and money laundering. His counsel, Chief Emefo Etudo, accused the court of failing to reflect its October 28, 2026 ruling on Kazeem's bail application in the record of proceedings.
Kazeem's trial was initially scheduled to continue on Monday, but he was absent from court. His counsel, Etudo, appeared alongside Mrs Charity Etudo and informed the court that repeated efforts to obtain a copy of the October 28 ruling from the court registry had proved unsuccessful. According to Etudo, the defence was informed that the ruling had yet to be signed by the judge, which could prejudice Kazeem's right to appeal within the prescribed period.
Etudo also expressed concern over the alleged disappearance of a reply affidavit filed by the defence, questioning the safety of documents submitted to the court. He criticised the Federal High Court's inadequate recording facilities, arguing that the provision of verbatim recording equipment would ensure that statements, submissions and decisions made during proceedings were accurately captured.
The application for the judge's recusal followed the court's refusal last Wednesday to grant Kazeem bail on medical grounds. Justice Kakaki held that Kazeem had failed to establish special circumstances or provide sufficient evidence to justify his release. Etudo maintained that the alleged discrepancies in the court records had further eroded Kazeem's confidence in the judicial process.
Etudo also questioned the prosecution's evidence, insisting that the documents tendered before the court did not establish a connection between the first, second and third defendants and the alleged offences. He disclosed that he intended to file a separate application challenging the sufficiency of the prosecution's evidence but wanted the court to first determine the recusal application.
Opposing the request to take the application immediately, prosecution counsel, Ibrahim Abu, argued that the matter was scheduled for trial and that the defence had failed to explain Kazeem's absence. Abu said the prosecution had six witnesses in court and was ready to commence the trial in compliance with the court's earlier directive for accelerated hearing.
The prosecution requested five days to respond to the recusal application instead of the seven days ordinarily allowed. The court will determine the recusal application before proceeding with the trial.
Key points
- KC Luxury's counsel cites irregularities in court records and the judge's health as reasons for recusal.
- The prosecution opposes the recusal application, citing readiness for trial and Kazeem's absence.
- The court will determine the recusal application before proceeding with the trial.
