Businessman and social media influencer Afolabi Kazeem, popularly known as KC Luxury, has asked a Federal High Court in Lagos to set aside an order preserving his properties, alleging that the proceedings breached his constitutional right to fair hearing.
Kazeem, who is standing trial alongside two others over alleged cocaine trafficking and money laundering, is seeking to nullify the September 25, 2026, order and have the affected assets released immediately.
At Wednesday’s proceedings, defence counsel, Emefo Etudo, told Justice Musa Kakaki that the defence had filed an application challenging the court’s jurisdiction, arguing that the issue should be determined before other applications relating to the matter were considered.
Etudo said he learnt of the publication of the interim preservation order only recently and filed the objection in response.
“My Lord, I was shown the publication about three days ago and had to rush to file our objection on jurisdiction,” he said.
The lawyer argued that the prosecution should not proceed with its request for a report on compliance with the preservation order while the defence was contesting the legal basis for its issuance.
He maintained that the order was made without giving Kazeem an opportunity to be heard, contrary to Section 36 of the 1999 Constitution, which guarantees the right to fair hearing.
However, counsel for the National Drug Law Enforcement Agency, Abu Ibrahim, told the court that the matter was scheduled for a report on compliance with the directives issued on September 25.
Ibrahim explained that the court had granted the preservation order following an ex parte application by the prosecution and directed that it be published in a national newspaper.
Etudo urged the judge to consider the defence’s jurisdictional objection, insisting that the prosecution should not proceed on the basis of an order whose validity was being challenged.
Justice Kakaki subsequently indicated that he would hear the application challenging the court’s jurisdiction alongside the other applications before him.
In an application dated October 13, 2026, the defence argued that Kazeem was not served with a hearing notice before the preservation order was made, denying him the opportunity to oppose the request.
The lawyers cited Section 36(1) of the Constitution and the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, arguing that compliance with due process was fundamental to the valid exercise of jurisdiction.
They contended that the alleged procedural breaches rendered the proceedings a nullity and warranted the setting aside of the order.
The defence also raised concerns about Kazeem’s health, with Etudo telling the court that his client was in a critical condition.
“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” he said.
Etudo alleged that Kazeem was taken to the Lagos University Teaching Hospital on Tuesday but was subsequently moved by the police to the Police Hospital.
He further claimed that his client was suffering from serious respiratory complications.
“Only the living can be tried,” the lawyer added.
Kazeem’s wife, Adepeju Afolabi, also raised concerns about his health in an affidavit supporting the application, alleging that his condition had deteriorated and that he had been receiving medical attention.
A medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command in Lagos, was attached to the affidavit.
The report, signed by the head of the medical unit, Superintendent of Narcotics Dr Odey John, identified Kazeem as a 49-year-old man living with chronic asthma.
It stated that he had experienced recurrent breathlessness, wheezing and chest pain despite treatment, recommending an assessment by a consultant respiratory physician or pulmonologist to evaluate his condition and optimise his treatment.
The defence also alleged that the NDLEA had begun taking steps to sell the properties covered by the preservation order.
According to the supporting affidavit, Kazeem told his wife during a visit to the Ikoyi Correctional Centre on October 2 that he had learnt from media reports that the court had ordered the preservation of his assets.
She alleged that he subsequently informed her that the agency had begun taking steps towards selling the properties.
The defence questioned the need to preserve the assets, arguing that they were not perishable and that the criminal trial had yet to be concluded.
It also maintained that Kazeem remained presumed innocent until proven guilty.
The application seeks an order striking out the proceedings for want of jurisdiction, setting aside the September 25 preservation order and directing the immediate release of the affected properties.
Kazeem and his co-defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, are standing trial before Justice Kakaki on a second amended 22-count charge filed by the NDLEA.
The charges against Kazeem include alleged conspiracy, cocaine trafficking and money laundering.
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