Businessman and social media personality Afolabi Kazeem, widely known as KC Luxury, has approached the Federal High Court in Lagos to challenge an interim order directing the preservation of his properties, alleging that the proceedings leading to the decision violated his constitutional right to a fair hearing.
Kazeem, who is facing trial alongside two other defendants over allegations of cocaine trafficking and money laundering, is seeking the nullification of the September 25, 2026, order. He is also asking the court to strike out the proceedings that resulted in the directive and order the immediate release of the affected properties.
At Wednesday’s sitting, defence counsel, Emefo Etudo, informed Justice Musa Kakaki that the defendants had filed an application contesting the court’s jurisdiction. He argued that the objection should be determined before the court considers other applications connected to the case.
Etudo explained that he only became aware of the publication of the interim order recently, a development that prompted him to file the jurisdictional challenge.
“My Lord, I was shown the publication about three days ago and had to rush to file our objection on jurisdiction,” he said.
The defence lawyer objected to the prosecution’s attempt to proceed with a report on compliance with the preservation order while the legal foundation of the directive remained under challenge.
He further argued that the order was issued without giving his client an opportunity to present his position, which he said contravened Section 36 of the 1999 Constitution, guaranteeing the right to a fair hearing.
In response, counsel to the National Drug Law Enforcement Agency (NDLEA), Abu Ibrahim, informed the court that the matter had been scheduled for a report on compliance with the directives issued on September 25.
Ibrahim explained that the preservation order followed an ex parte application filed by the prosecution, after which the court directed that the decision be published in a national newspaper.
Etudo maintained that the court should first address the defence’s objection, arguing that the prosecution ought not to proceed on the basis of an order whose validity had been challenged.
Justice Kakaki subsequently indicated his intention to hear the application disputing the court’s jurisdiction alongside the other applications pending before him.
In the application dated October 13, 2026, the defence alleged that Kazeem was not served with a hearing notice before the preservation order was issued, thereby preventing him from appearing in court to oppose the request.
The defence cited Section 36(1) of the Constitution and the Supreme Court decision in Madukolu v. Nkemdilim (1962) 2 SCNLR 341, arguing that adherence to due process was an essential requirement for the proper exercise of judicial jurisdiction.
According to the lawyers, the alleged procedural breaches invalidated the proceedings and provided sufficient grounds for the court to set aside the preservation order.
Beyond the jurisdictional dispute, Etudo also raised concerns about Kazeem’s medical condition, informing the court that his client was reportedly in a life-threatening state.
“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” he said.
The defence counsel alleged that Kazeem was taken to the Lagos University Teaching Hospital on Tuesday for medical attention but was later transferred by the police to the Police Hospital.
He further claimed that the businessman was suffering from severe respiratory complications.
“Only the living can be tried,” Etudo added.
The defence’s claims regarding Kazeem’s health were also set out in an affidavit filed in support of the application and sworn to by his wife, Adepeju Afolabi.
In the affidavit, she alleged that her husband’s health had worsened and that he had been receiving medical treatment.
A medical report dated September 15, 2026, issued by the NDLEA medical unit at the Murtala Muhammed International Airport Command in Lagos, was attached to the affidavit.
The report, signed by the unit’s head, Superintendent of Narcotics Dr Odey John, described Kazeem as a 49-year-old man living with chronic asthma.
It stated that he had continued to experience recurring episodes of breathlessness, wheezing and chest pain despite receiving treatment.
The medical officer recommended that Kazeem be examined by a consultant respiratory physician or pulmonologist to assess his condition, improve his treatment regimen and reduce the risk of further acute episodes.
The defence also accused the NDLEA of taking steps towards selling the properties affected by the preservation order.
According to the supporting affidavit, Kazeem allegedly told his wife during a visit to the Ikoyi Correctional Centre on October 2, 2026, that he had learnt through media reports that the court had ordered the preservation of his assets.
She further alleged that her husband subsequently informed her that the agency had begun taking steps to dispose of the properties.
Challenging the justification for the preservation order, the defence argued that the properties were not perishable and that the criminal proceedings against Kazeem had not yet been concluded.
The lawyers also maintained that their client remained entitled to the presumption of innocence until proven guilty by a court of law.
Through the application, the defence is seeking an order striking out the proceedings on jurisdictional grounds, nullifying the September 25, 2026, preservation directive and compelling the immediate release of the affected properties.
Kazeem is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch before Justice Kakaki on a second amended 22-count charge brought by the NDLEA.
The charges against Kazeem include alleged conspiracy, cocaine trafficking and money laundering.
