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 said to have been detained for 14 days in the agency’s custody without a formal charge, and Justice Ogazi directed that he be arraigned, it was reported.
The court also ordered the anti-narcotics agency to respond within five days to the fundamental rights application 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 while ruling on 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 operatives of the NDLEA on August 13, 2026 at the Murtala Muhammed International Airport, Lagos, as he was about to travel to Paris.
His father, Eric Afolabi, who deposed to the supporting affidavit on his behalf in the application before the court alleged that his son had been in the custody of the NDLEA since his arrest without being told the offense for which he was arrested or formally charged before a competent court.
Justice Ogazi, on hearing the application, 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 also 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.
The Court adjourned the matter for hearing of the substantive application to September 9, 2026.
The order was passed on the plea of the applicant that his continued detention beyond the constitutionally permissible period, without any charge being framed against him, was violation of his fundamental right to personal liberty.
In the substantive suit, Afolabi wants the court to declare that his continued detention without being formally charged is unconstitutional and a violation of his fundamental rights under the 1999 Constitution.
He is also seeking an order of the court to release him immediately or in the alternative admit him to bail on liberal terms pending the filing of any charge against him.
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The applicant claimed that the operatives of the NDLEA unlawfully arrested and detained him after intercepting him at the airport.
He also alleged that the agency searched his house located at Movamo Court, Banana Island, Lagos, after arresting him without showing him and members of his family search warrant.
The affidavit said the operatives searched the entire premises but found nothing incriminating.
Afolabi further alleged that the operatives seized his iPhone 15 and demanded that he give them the password to the device, allegedly threatening him with bodily harm.
There was private information on the phone, belonging to him and his wife, and no indication of narcotics, drug-related transactions, communications or other material linking him to an offense, he said.
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 subjected him to public ridicule, embarrassment and humiliation.
Afolabi is thus demanding damages to the tune of ₦100 million for the alleged taking and circulation of his photos and videos.
He is also asking for ₦50 million for alleged wrongful arrest and detention and ₦40 million for alleged breach of his right to privacy of his home and telephone.
Wants to recover confiscated property
The applicant is also praying the Court for an order directing the NDLEA to return several items allegedly seized from him.
These 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 acquired from the proceeds of narcotics or any other criminality.
He also raised medical concerns, asserting 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 necessary medical care.
He told the court that he has a permanent address in Lagos, strong family and business ties in Nigeria and is ready to surrender his international passport and abide by any bail conditions that the court may impose.
The NDLEA said the arrest was made following an investigation into the seizure of 184.50 kilograms 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.
It also said its investigation led to the seizure of foreign currencies and luxury items and searches related to the suspect.
