Justice Friday Ogazi of the Federal High Court sitting in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce detained Lagos social media influencer and businessman, Afolabi Kazeem Michael, popularly known as “KC Luxury”.
The social media influencer was allegedly held for 14 days in the agency’s custody without being formally charged, and Justice Ogazi ordered his arraignment, it was reported.
The court also ordered the anti-narcotics agency to reply within five days to the fundamental rights application, which is challenging the continued detention of Afolabi and show cause why he should not be released or admitted to bail.
Justice Ogazi made the orders on Thursday after hearing an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules 2009.
Operatives of the NDLEA allegedly arrested Afolabi on August 13, 2026 at the Murtala Muhammed International Airport, Lagos, as he was about 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 been in the custody of the NDLEA since his arrest without being informed of the offense for which he was arrested or formally charged before a competent court.
On hearing the application, Justice Ogazi directed that the NDLEA should be served with the ex parte motion, the enrolled order and other processes accompanying the motion within four working days.
The judge further ordered the agency to file its response within five days of service and bring Afolabi to court on the next adjourned date for the hearing of the substantive originating motion.
The Court adjourned the case for hearing of the substantive application to September 9, 2026.
The order followed the applicant’s argument that his continued detention beyond the constitutionally permissible period, without any charge being preferred against him, amounted to an infringement of his fundamental right to personal liberty.
In the substantive suit, Afolabi is asking for declarations 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 in the alternative admit him to bail on liberal terms pending the filing of any charge against him.
The applicant alleged that the operatives of the NDLEA arrested and detained him unlawfully after he was intercepted at the airport.
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He also alleged that the agency searched his house at Movamo Court, Banana Island, Lagos, after arresting him without showing him and members of his family search warrant.
The operatives searched the entire premises but found nothing incriminating, the affidavit said.
Afolabi further claimed that his iPhone 15 was seized by the operatives, who demanded he give them the password to the device, allegedly threatening him with bodily harm.
He said there was private information on the phone belonging to him and his wife and there was no indication of narcotics, drug-related transactions, communications or other material linking him to an offense.
The applicant also 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 said the alleged publication infringed his constitutional rights to dignity and privacy and exposed him to public ridicule, embarrassment and humiliation.
Afolabi is thus seeking ₦100 million damages for the alleged taking and circulation of his photos and videos.
He is also seeking damages of ₦50 million for alleged wrongful arrest and detention and another ₦40 million for alleged breach of his right to privacy of his home and telephone.
Wants to get confiscated property back
The applicant is also seeking an order of the court directing the NDLEA to return several items allegedly seized from him.
They 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 said none of the items were bought with the proceeds of drugs or any other criminality.
He also raised medical concerns, claiming he needs urgent treatment and management for acute and severe asthma and that the facility where he is being detained is unable to adequately provide the required medical care.
He told the court 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.
The NDLEA said the arrest followed an investigation into the interception of 184.50 kilogrammes of cocaine linked to an international trafficking network. The agency alleged the cartel used Nigeria as a transit hub for cocaine shipments to the United Kingdom, Europe and Asia.
Its investigation also resulted in the seizure of foreign currencies and luxury items, as well as searches connected to the suspect, it said.