A Federal High Court in Lagos on Thursday, September 17, dismissed alleged drug trafficker Kazeem Michael Afolabi, popularly known as KC Luxury’s challenge to his 30-day detention over cocaine trafficking involving 184.5 kilogrammes of cocaine.
Justice Akintayo Aluko dismissed the application of KC Luxury challenging the detention order granted on Thursday, August 20.
The court held that the detention extension order was validly made and supported by the Constitution and relevant drug-control laws.
KC Luxury, through his counsel, Abdulakeem Labi-Lawal, SAN, had asked the court to set aside the August 20 order.
Labi-Lawal argued that the court lacked jurisdiction to extend his client’s detention, contending that remand orders could only be issued by a magistrates’ court under Sections 293 to 299 of the Administration of Criminal Justice Act (ACJA), 2015.
He also argued that the continued detention amounted to an unlawful infringement of KC Luxury’s constitutional right to personal liberty.
The lawyer further contended that the Federal High Court’s jurisdiction to try offences under the National Drug Law Enforcement Agency (NDLEA) Act was different from its power to remand a person who had not been charged with an offence.
However, counsel to the NDLEA, Abu Ibrahim, opposed the application.
Ibrahim argued that the defence had wrongly described the August 20 order as a remand order under the ACJA.
According to him, the order was an extension of detention granted to allow the NDLEA to complete investigations into the alleged drug-trafficking offence.
In dismissing the application, Justice Aluko held that Sections 293 to 299 of the ACJA, which govern remand proceedings, did not apply to the circumstances of the case.
The judge also held that the Federal High Court has exclusive jurisdiction over drug-related offences pursuant to Section 251(1)(m) of the 1999 Constitution and Section 26(1) of the NDLEA Act.
The court further found that materials presented by the NDLEA disclosed reasonable suspicion of a drug-related offence.
Aluko held that the circumstances justified the 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.
Afolabi was arrested by NDLEA operatives on Thursday, August 13, at the departure hall of the Murtala Muhammed International Airport, Lagos, while he was 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 within the premises of the Nigerian Aviation Handling Company in Ikeja.
The agency valued the cocaine at about N39 billion and described the seizure as its largest cocaine interception through a courier company in Nigeria.
The NDLEA said its investigation linked the consignment to an international drug-trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.
NDLEA chairman, Brig. Gen. Mohamed Buba Marwa (retd.), described Afolabi as the alleged Nigerian “arrowhead” of the network.
The agency also said investigators recovered €7,750, £2,800 and N100,000 in cash, jewellery and other items from Afolabi after his arrest.
It added that a search of his apartment in Banana Island led to the recovery of exotic vehicles and other assets.
On August 20, Justice Aluko granted the NDLEA an order extending Afolabi’s detention for 30 days to allow the agency to conduct further investigations into his alleged involvement in drug trafficking.
The judge also directed that funds in Afolabi’s Providus Bank account and other accounts linked to his Bank Verification Number be preserved.
The order was 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.
Afolabi is also challenging his continued detention in a separate fundamental-rights suit before Justice Friday Ogazi.
He is asking the court to order his release or grant him bail pending the filing of any criminal charge against him.
He is also seeking damages over allegations concerning his arrest, detention, privacy and the publication of photographs and videos of him while in NDLEA custody.
Thursday’s ruling leaves the 30-day detention order intact while the NDLEA continues its investigation into the alleged cocaine trafficking.
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