Businessman Afolabi Michael Kazeem, widely known as KC Luxury, has contested the jurisdiction of the Federal High Court in Lagos over an interim order directing the preservation of his properties, arguing that the proceedings that resulted in the order violated his constitutional right to a fair hearing.
Kazeem, who is facing trial alongside two other defendants over alleged cocaine trafficking and money laundering, has asked the court to strike out the proceedings, set aside its September 25, 2026 order and order the immediate release of the affected properties.
At the hearing on Wednesday, his lawyer, Chief Emefo Etudo, informed Justice Musa Kakaki that the defence filed an application on October 13 to challenge the court’s jurisdiction after discovering the preservation order through a newspaper report.
Etudo explained that the defence had applied for a certified true copy of the proceedings of September 25 to ascertain the circumstances surrounding the issuance of the order and support a supplementary affidavit.
In the application, Kazeem’s lawyers argued that their client was not served with a hearing notice before the order was granted, denying him an opportunity to oppose the application. They contended that this violated Section 36(1) of the 1999 Constitution, which guarantees fair hearing.
Citing judicial authorities, including Madukolu v. Nkemdilim (1962) 2 SCNLR 341, the defence argued that the alleged procedural irregularity undermined the court’s jurisdiction and rendered the proceedings invalid.
Counsel for the applicant, Abu Ibrahim, told the court that the matter was for a report.
He said the court had directed the applicant to publish the preservation order in a widely circulated newspaper.
Etudo also raised concerns about Kazeem’s health, 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.
The lawyer alleged that Kazeem was taken to theLagos University Teaching Hospital (LUTH) on Tuesday before being transferred by the police to the Police Hospital. He also claimed that the businessman was experiencing serious lung complications.
The concerns were reinforced in an affidavit sworn by Kazeem’s wife, Adepeju Afolabi, who alleged that his health had deteriorated.
A medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command, identified Kazeem as a 49-year-old man with chronic asthma.
It documented recurrent breathlessness, wheezing and chest pain despite treatment and recommended specialist respiratory assessment.
The defence also alleged that the NDLEA had initiated steps to sell the properties covered by the order.
Kazeem and his co-defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, face a 22-count charge bordering on conspiracy, cocaine trafficking and money laundering. They pleaded not guilty.
The NDLEA alleged that the defendants conspired with two other suspects arrested in London to export 184.5kg of cocaine concealed in five consignments shipped through a Lagos-based courier company.
The agency further alleged that Kazeem facilitated the shipment and paid N13.2 million for the consignment through a company account.
Justice Kakaki had earlier rejected the defendants’ bail applications, citing the seriousness of the alleged offences and the risk of their absconding, but ordered an accelerated hearing of the criminal case.
The judge adjourned the matter to December 3 for hearing.
