Court Orders NDLEA To Produce KC Luxury After 14 Days In Custody

A Federal High Court in Lagos has directed the National Drug Law Enforcement Agency (NDLEA) to bring socialite Afolabi Kazeem Micheal, popularly known as KayCee Luxury, before the court.

This comes after KC Luxury spent more than 14 days in NDLEA custody without being formally charged.

The order was issued following an application filed by KC Luxury through his lawyer, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

NDLEA operatives arrested KayCee Luxury on August 13 at the Murtala Muhammed International Airport in Lagos while he was preparing to travel to Paris.

The NDLEA allegedly linked him to the seizure of 184.5kg of cocaine, describing the operation as the largest cocaine bust from a courier company in its history.

According to Buba Marwa, the NDLEA chairman, KayCee Luxury was allegedly carrying €7,750, £2,800, N100,000 and expensive jewellery.

However, no formal charge has reportedly been filed against the socialite since his arrest.

His legal representatives later approached the court, arguing that his continued detention without a formal charge or arraignment amounted to a violation of his fundamental rights.

The application asked the court to intervene and address the circumstances surrounding his continued detention by the anti-drug agency.

In court documents, KC Luxury’s father, Eric Afolabi, who filed an affidavit on his son’s behalf, claimed that the socialite had remained in NDLEA custody without being told what offence he was being held for or being taken before a court.

KayCee Luxury also alleged that NDLEA officials searched his home at Movamo Court, Banana Island, Lagos, after his arrest without presenting a search warrant to him or his family.

He claimed the officers searched the property but did not find anything incriminating.

The socialite further alleged that the operatives took possession of his iPhone 15 and demanded its password.

Afolabi claimed they threatened him with physical harm if he refused to provide it.

According to him, the phone contained personal information belonging to him and his wife.

He also claimed that the search of the device produced no evidence of drugs, drug-related dealings or communication connecting him to any criminal offence.

KayCee Luxury accused the NDLEA of recording and sharing photographs and videos of him while he was in custody.

He alleged that the material portrayed him as a criminal before he had been tried or convicted.

He argued that the alleged publication violated his rights to privacy and dignity and subjected him to embarrassment and public ridicule.

As part of his claims, the socialite is demanding N100 million in damages over the alleged recording and circulation of his images and videos.

KC Luxury is also seeking N50 million over the unlawful arrest and detention, as well as another N40 million for alleged invasion of his home and telephone privacy.

KayCee Luxury has further asked the court to order the NDLEA to return several items he claims were taken from him.

The items listed in the application include €8,000, £3,000, a blue-strap Patek Philippe Nautilus wristwatch, an Audemars Piguet wristwatch with three bangles, a Hermès handbag, a Hermès Birkin travel bag, a Louis Vuitton travel box, an iPhone 15, a Lexus RX350 and a 2024 Toyota Hilux.

He maintained that none of the items was purchased with proceeds from drug trafficking or any other illegal activity.

The socialite also told the court that he suffers from acute and severe asthma and needs urgent medical attention.

He alleged that the facility where he is being held does not have adequate resources to provide the treatment he requires.

Through the application, KayCee Luxury is asking the court to declare his continued detention without a formal charge unconstitutional and a breach of his right to personal liberty.

He is seeking an order for his immediate release or, alternatively, bail on reasonable terms until the NDLEA files any charge against him.

After hearing the application on Thursday, the presiding judge, Justice Friday Ogazi, gave the NDLEA five days to respond to the allegations after receiving the court documents.

The judge also directed the agency to produce Afolabi in court at the next hearing of the substantive application.

The court ordered that the ex parte motion, enrolled order and other relevant documents be served on the NDLEA within four working days.

The case has been adjourned until September 9 for hearing of the substantive application.

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