Social media personality Afolabi Kazeem, popularly known as KC Luxury, has filed an application seeking the recusal of Justice Musa Kakaki from his alleged 184.5kg cocaine trafficking and money laundering case. Kazeem's lawyer, Emefo Etudo, claims that the handling of documents relating to his bail application has raised concerns about the integrity of the proceedings. The influencer was absent from court when the case came up for hearing.
Etudo alleged that the court's record of proceedings did not reflect the ruling delivered on October 28, 2026, in which Justice Kakaki rejected Kazeem's application for bail on medical grounds. The defence had made repeated attempts to obtain a copy of the ruling from the court registry but was told that the judge had yet to sign it. This delay could undermine Kazeem's constitutional right to appeal within the prescribed period.
Etudo also alleged that a reply affidavit filed by the defence had gone missing, raising questions about the safety of documents submitted in the course of the trial. He advocated for the installation of adequate recording equipment in Federal High Court facilities to ensure that proceedings are captured verbatim and prevent disputes over what transpired during hearings.
The prosecution counsel, Ibrahim Abu, faulted the defence for failing to address Kazeem's absence, insisting that the business of the day was the commencement of trial. Abu said the prosecution had six witnesses in court and was prepared to proceed in accordance with the court's earlier order for accelerated hearing. He requested five days to study and respond to the recusal application.
Abu rejected the allegation of judicial bias, maintaining that the court had been fair to all parties and that the refusal of bail did not constitute evidence of prejudice. He argued that Kazeem's lawyers could challenge the bail ruling through an appeal or submit another bail application if they had fresh grounds.
Counsel for the second defendant, Augustine Audu, SAN, urged the court to determine the recusal application before taking further steps in the trial. Audu confirmed that his client had been served with the application during the stand-down and argued that the unresolved issues had stalled proceedings. He called on the prosecution to amend the charge and separate the defendants.
Justice Kakaki adjourned the case until November 25, 2026, for hearing of submissions on the recusal application. Kazeem, Sule, and Patriarch were remanded by the Federal High Court in Lagos on September 25, 2026, after being arraigned by the National Drug Law Enforcement Agency on a 22-count charge. The defendants are accused of conspiring to traffic and illegally export 184.5kg of cocaine valued at about N39bn.
Key points
- KC Luxury's lawyer claims that the court's record of proceedings is incomplete.
- The prosecution is prepared to proceed with the trial.
- The case has attracted attention due to reports about KC Luxury's deteriorating medical condition.
