Social media personality and businessman, Afolabi Michael Kazeem, popularly known as KC Luxury, has suffered another legal setback in his battle against continued detention over an alleged 184.5kg cocaine shipment.
A Federal High Court in Lagos dismissed Kazeem’s application seeking to overturn the 30-day detention extension granted to the National Drug Law Enforcement Agency to keep him in custody while investigations continue.
Justice Aluko, in the ruling, held that the detention order made on August 20 was validly issued and supported by the Constitution and relevant drug-control laws.
Kazeem, through his lawyer, Abdulakeem Labi-Lawal, SAN, had urged the court to set aside the order, arguing that the court lacked the jurisdiction to extend his detention.
His counsel had relied on Sections 293 to 299 of the Administration of Criminal Justice Act, 2015, which deal with remand proceedings, arguing that only a Magistrate Court could make such an order.
The lawyer also argued that keeping Kazeem in custody under the order amounted to an unlawful restriction of his constitutional right to personal liberty.
But the NDLEA, through its lawyer, Abu Ibrahim, rejected the argument, maintaining that the order granted on August 20 was not a remand order under the ACJA.
The agency argued that the order was an extension of detention granted to allow investigators to conduct further inquiries into the alleged drug trafficking case.
Justice Aluko agreed with the NDLEA’s position, holding that the ACJA provisions relied upon by Kazeem were not applicable to the case.
The judge also held that the Federal High Court has exclusive jurisdiction over drug-related matters under Section 251(1)(m) of the Constitution and Section 26(1) of the NDLEA Act.
The court further found that materials presented by the anti-drug agency established reasonable suspicion of a drug-related offence, making temporary deprivation of liberty permissible under Section 35 of the Constitution.
Kazeem 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 seizure of 184.5kg of cocaine at a DHL facility in Ikeja, Lagos, with the NDLEA alleging that Kazeem was connected to the consignment.
The agency has described the seizure as part of a wider investigation into an alleged international cocaine trafficking network.
The court subsequently dismissed Kazeem’s application for lacking merit and amounting to an abuse of court process.
The ruling means that the 30-day detention extension granted on August 20 remains in force, leaving KC Luxury in NDLEA custody as investigations continue.
Kazeem, who is known on social media for his flamboyant lifestyle and display of luxury cars, jewellery and other expensive items, has not been convicted of the alleged drug offence.
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