COURT UPHOLDS 30 DAY DETENTION OF KC LUXURY OVER ALLEGED COCAINE TRAFFICKING

The Federal High Court in Lagos has rejected KC Luxury's attempt to overturn an order allowing the NDLEA to detain him for 30 days while investigating his alleged connection to a 184.5 kilograms cocaine shipment. KC Luxury has not been convicted and is separately challenging his continued detention in another fundamental rights case.
The Federal High Court in Lagos has upheld an order allowing the National Drug Law Enforcement Agency to detain businessman and social media personality Kazeem Michael Afolabi, popularly known as KC Luxury, for 30 days while investigating his alleged involvement in the trafficking of 184.5 kilogrammes of cocaine.
Justice Akintayo Aluko on Thursday dismissed Afolabi's application seeking to overturn the detention order, ruling that the provisions of the Administration of Criminal Justice Act relied upon by his legal team did not apply to the circumstances of the case.
Afolabi has not been convicted of any drug offence and the allegations against him remain under investigation.
COURT REJECTS CHALLENGE TO DETENTION
The Federal High Court had on August 20 authorised the NDLEA to keep Afolabi in custody for 30 days to allow investigators additional time to investigate the alleged drug trafficking operation.
His lawyer Abdulakeem Labi Lawal challenged the order, arguing that his client had not been formally charged and that his continued detention violated his constitutional right to personal liberty.
The defence relied on provisions of the Administration of Criminal Justice Act dealing with remand proceedings.
The NDLEA opposed the application.
Its lawyer Abu Ibrahim argued that the August 20 decision was not a remand order under those provisions but an extension of detention intended to allow the agency to complete its investigation.
Justice Aluko agreed with the agency's position and held that the relevant remand provisions did not apply to the case.
The judge also cited provisions of the Constitution and the NDLEA Act concerning the Federal High Court's jurisdiction over drug related offences.
He held that materials presented by the agency disclosed reasonable suspicion of a drug related offence sufficient to justify a temporary restriction of Afolabi's liberty.
The application was consequently dismissed for lacking merit and constituting an abuse of court process.
ALLEGED 184.5 KILOGRAMME COCAINE SHIPMENT
Afolabi's arrest is connected to an NDLEA investigation into 184.5 kilogrammes of cocaine seized at a DHL facility within the Nigerian Aviation Handling Company premises in Ikeja, Lagos.
The agency described the interception as its largest cocaine seizure through a courier company in Nigeria.
According to the NDLEA, investigators linked the consignment to an international trafficking network allegedly moving cocaine from South America through Nigeria to destinations in Europe and Asia.
The agency has alleged that Afolabi was connected to the network. Those allegations have not been proven in court.
Afolabi was arrested on August 13 at Murtala Muhammed International Airport in Lagos while reportedly preparing to travel to Paris.
ACCOUNTS PRESERVED DURING INVESTIGATION
The August detention order also authorised the preservation of funds in Afolabi's Providus Bank account and other accounts linked to his Bank Verification Number.
The preservation order is to remain pending the conclusion of the investigation or prosecution.
Afolabi is separately challenging his continued detention in a fundamental rights case before Justice Friday Ogazi.
In that case, he is seeking his release or bail pending the filing of any criminal charge against him.
He has also raised complaints concerning his arrest, detention, privacy and the publication of photographs and videos taken while he was in NDLEA custody.
The separate proceedings before Justice Ogazi were adjourned until September 21.
Thursday's ruling means the August 20 detention order remains valid as the NDLEA continues its investigation into the alleged cocaine trafficking operation.


