Justice Friday Ogazi of the Federal High Court in Lagos has ordered the National Drug Law Enforcement Agency, NDLEA, to produce in court Lagos social media influencer and businessman, Afolabi Kazeem Michael, popularly known as KC Luxury, who is challenging his 14-day detention without formal charges.
The court also directed the NDLEA to respond within five days to Afolabi’s fundamental rights suit, in which he is challenging his continued detention and seeking his release or bail. The case was adjourned until September 9, 2026, for hearing.
Justice Ogazi issued 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 in 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, enrolled order and other accompanying processes within four working days.
The judge further ordered 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.
In the substantive suit, Afolabi is seeking a declaration that his continued detention without a formal charge is unconstitutional and violates 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.
Afolabi alleged that NDLEA operatives unlawfully arrested and detained him after intercepting him at the airport.
He said that the agency searched his residence at Movamo Court, Banana Island, Lagos, after his arrest without showing him or his family members a search warrant. According to the affidavit, the operatives searched the entire premises but found nothing incriminating.
He also said that the operatives seized his iPhone 15 and demanded that he disclose the password to the device, allegedly under threat of bodily harm.
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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 N100 million in damages over the alleged taking and circulation of his photographs and videos.
He is also seeking N50 million in damages for alleged unlawful arrest and detention and another N40 million for alleged invasion of the privacy of his home and telephone.
He 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.
He 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 allegations by the NDLEA have not been determined by the court. 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 is expected to consider, at the next hearing, Afolabi’s challenge to his continued detention, his request for release or bail and the other reliefs and damages sought against the NDLEA.
