Court has upheld 30-day detention of KC Luxury over alleged 184.5kg cocaine trafficking.
NewsOnline Nigeria reports that the Federal High Court in Lagos has upheld the 30-day detention of Kazeem Michael Afolabi, popularly known as KC Luxury, over his alleged involvement in the trafficking of 184.5 kilogrammes of cocaine.
Justice Akintayo Aluko dismissed Afolabi’s application challenging the detention order on Thursday, ruling that the provisions of the Administration of Criminal Justice Act (ACJA) relied upon by his counsel did not apply to the circumstances of the case.
The court had on August 20 authorised the National Drug Law Enforcement Agency (NDLEA) to keep Afolabi in custody for 30 days while investigations into the alleged drug-trafficking case continued.
Afolabi, through his lawyer, Abdulakeem Labi-Lawal, SAN, subsequently applied for the order to be set aside.
Labi-Lawal argued that the court lacked jurisdiction to extend the detention of his client, who had not been formally charged with an offence.
He relied on Sections 293 to 299 of the ACJA, particularly Section 296(1), arguing that Afolabi could not lawfully remain in custody beyond the period permitted by law.
The lawyer also maintained that the Federal High Court’s jurisdiction to try offences under the NDLEA Act was distinct from its authority to remand an uncharged suspect.
He argued that keeping Afolabi in custody while investigations continued violated his constitutional right to personal liberty.
The NDLEA opposed the application.
Its counsel, Abu Ibrahim, argued that the defence had incorrectly characterised the August 20 order as a remand order issued under the ACJA.
According to Ibrahim, the order was an extension of detention granted to enable the agency to complete its investigation into the alleged drug-trafficking offence.
Afolabi was arrested on August 13 at the departure hall of the Murtala Muhammed International Airport, Lagos, while allegedly preparing to travel to Paris, France.
His arrest followed the NDLEA’s seizure of 184.5kg of cocaine on August 3 at a DHL facility located within the premises of the Nigerian Aviation Handling Company in Ikeja.
The agency valued the seized cocaine at approximately ₦39 billion and described it as its largest cocaine interception through a courier company in Nigeria.
According to the NDLEA, its investigation linked the consignment to an international drug-trafficking network allegedly moving cocaine from South America through Nigeria to destinations in the United Kingdom, Europe and Asia.
NDLEA Chairman Buba Marwa previously described Afolabi as the alleged Nigerian “arrowhead” of the network.
The agency also said investigators recovered €7,750, £2,800 and ₦100,000, as well as jewellery and other items, following Afolabi’s arrest.
It added that a search of his apartment in Banana Island, Lagos, resulted in the recovery of exotic vehicles and other assets.
While granting the 30-day detention order on August 20, Justice Aluko directed that funds in Afolabi’s Providus Bank account and other accounts linked to his Bank Verification Number (BVN) be preserved.
The preservation order is to remain in force pending the conclusion of the investigation and/or prosecution.
The court had fixed September 17 for the NDLEA to report on the progress of its investigation.
Meanwhile, Afolabi is challenging his continued detention in a separate fundamental-rights suit before Justice Friday Ogazi.
In that case, he is seeking an order for his release or bail pending the filing of any criminal charge against him.
He is also seeking damages over allegations relating to his arrest, detention, privacy and the publication of photographs and videos of him while in NDLEA custody.
In dismissing the latest application, Justice Aluko held that Sections 293 to 299 of the ACJA, which deal with remand proceedings, did not apply to the circumstances surrounding Afolabi’s detention.
The judge also relied on Section 251(1)(m) of the 1999 Constitution and Section 26(1) of the NDLEA Act in addressing the Federal High Court’s jurisdiction over offences under the drug law.
Justice Aluko further held that the materials presented by the NDLEA disclosed reasonable suspicion of a drug-related offence, which he said justified a temporary restriction of Afolabi’s liberty under Section 35 of the Constitution.
The judge consequently dismissed the application, holding that it lacked merit and amounted to an abuse of court process.
The allegations against Afolabi remain allegations, and the court’s ruling on his detention does not constitute a determination of guilt.
