A defendant standing trial for alleged cocaine trafficking and money laundering, Afolabi Kazeem Michael, publicly known as KC Luxury has challenged the jurisdiction of the court to issue a preservation order covering his properties, alleging that he was denied a fair hearing.
Through his counsel, Etudo, Kazeem argued before Justice Kakaki that the September 25, 2026, order was made without giving him an opportunity to oppose the application.
The defence cited Section 36(1) of the 1999 Constitution, which guarantees the right to a fair hearing, and the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, to support its argument that compliance with due process was essential for the valid exercise of jurisdiction.
Etudo told the court that he had only seen the publication of the preservation order about three days earlier, prompting him to file an objection to the court’s jurisdiction.
He urged the judge to consider the objection before allowing the prosecution to proceed with its request for a report on compliance with the order.
However, counsel for the National Drug Law Enforcement Agency, Abu Ibrahim, told the court that the matter was scheduled for a compliance report following directives issued on September 25. He explained that the preservation order was granted on the prosecution’s ex parte application, with a directive that it be published in a national newspaper.
Justice Kakaki subsequently indicated that he would hear the jurisdictional challenge alongside the other applications before the court.
In the application dated October 13, 2026, the defence argued that Kazeem was not served with a hearing notice before the preservation order was made, thereby denying him the opportunity to oppose it.
The lawyers contended that the alleged procedural irregularities rendered the proceedings a nullity and urged the court to set aside the order.
Beyond the jurisdictional challenge, the defence raised concerns about Kazeem’s health.
“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” Etudo said.
He alleged that Kazeem was taken to the Lagos University Teaching Hospital on Tuesday before being moved by the police to the Police Hospital.
The lawyer also claimed that his client was experiencing serious respiratory complications, adding, “Only the living can be tried.”
The concerns were contained in an affidavit supporting the application, sworn to by Kazeem’s wife, Adepeju Afolabi, who alleged that her husband’s health had deteriorated and that he had been receiving medical attention.
Attached to the affidavit was a medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command in Lagos.
The report, signed by the head of the unit, Dr Odey John, identified Kazeem, 49, as a chronic asthma patient who had experienced recurrent breathlessness, wheezing and chest pain despite treatment.
The medical officer recommended an assessment by a consultant respiratory physician or pulmonologist to evaluate his condition, optimise treatment and prevent further acute episodes.
The defence also alleged that the NDLEA had begun taking steps to sell the properties covered by the preservation order.
According to the supporting affidavit, Kazeem informed his wife during a visit to the Ikoyi Correctional Centre on October 2, 2026, that he had learnt from media reports about the court order. She further alleged that he subsequently told her that the agency was taking steps to sell the affected assets.
The defence questioned the need to preserve the properties, arguing that they were not perishable and that the criminal trial had yet to be concluded. It also maintained that Kazeem remained presumed innocent until proven guilty.
The application is seeking an order striking out the proceedings for want of jurisdiction, setting aside the September 25 preservation order and directing the immediate release of the affected properties.
Kazeem and his co-defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, are standing trial before Justice Kakaki on a second amended 22-count charge filed by the NDLEA.
The charges against Kazeem include alleged conspiracy, cocaine trafficking and money laundering.