Businessman Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged a Federal High Court order preserving his properties, alleging that the proceedings leading to the decision breached his right to fair hearing.
Kazeem, who is standing trial alongside two others over alleged cocaine trafficking and money laundering, is asking the court to set aside its September 25, 2026 order, release the affected properties and strike out the proceedings for lack of jurisdiction.
At Wednesday’s sitting in Lagos, his counsel, Chief Emefo Etudo, told Justice Musa Kakaki that the defence had filed an application on October 13 after learning of the preservation order through a newspaper publication.
Etudo said the defence had also requested certified true copies of the proceedings of September 25 to establish what transpired before the order was made and support a further affidavit.
In the application, Kazeem’s lawyers argued that he was not served with a hearing notice before the order was granted, denying him the opportunity to challenge the application.
They contended that the alleged omission violated Section 36(1) of the 1999 Constitution, which guarantees fair hearing in the determination of civil rights and obligations.
The defence cited judicial authorities, including Madukolu v. Nkemdilim, to argue that compliance with due process was necessary for the court to exercise jurisdiction validly.
Counsel for the applicant, Abu Ibrahim, told the court that the September 25 order had directed the publication of the preservation decision in a widely circulated newspaper.
The judge adjourned the matter until December 3 for hearing.
Beyond the challenge to the order, Etudo 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,” the lawyer said.
He alleged that Kazeem was taken to the Lagos University Teaching Hospital on Tuesday but was later moved by the police to the Police Hospital.
“Only the living can be tried,” Etudo added.
The health concerns were also contained in an affidavit sworn by Kazeem’s wife, Adepeju Afolabi, who alleged that her husband’s condition had deteriorated.
A medical report dated September 15, 2026, issued by the National Drug Law Enforcement Agency’s medical unit at the Murtala Muhammed International Airport Command, identified Kazeem as a 49-year-old man with chronic asthma.
The report, signed by Dr Odey John C., recommended an assessment by a consultant respiratory physician or pulmonologist following recurrent episodes of breathlessness, wheezing and chest pain despite treatment.
The defence also alleged that the NDLEA had initiated steps to sell properties covered by the preservation order.
Kazeem is being tried alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22-count charge filed by the NDLEA bordering on alleged conspiracy, cocaine trafficking and money laundering. The defendants have pleaded not guilty.
The agency alleged that the defendants conspired with two other suspects, Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who were arrested in London, to export 184.5kg of cocaine concealed in five consignments through a Lagos-based courier company.
The prosecution further alleged that Kazeem facilitated the shipment and paid ₦13.2m from a Mallamawa Ventures account with Zenith Bank to BOT Express Logistics for the consignment.
The NDLEA also alleged that some of the funds were used to acquire luxury vehicles and landed properties.
Justice Kakaki had previously rejected the defendants’ bail applications, citing the seriousness of the alleged offences, the possible penalties upon conviction and the risk of them absconding. The court subsequently ordered an accelerated hearing of the criminal case.
Discussion0