Afolabi Michael Kazeem, the socialite popularly known as KC Luxury, has asked a Federal High Court in Lagos to vacate an order preserving his properties, alleging that the proceedings leading to its issuance violated his right to fair hearing.
Gatekeepers News reports that Kazeem, who is standing trial alongside two others over alleged cocaine trafficking and money laundering, is also challenging the court’s jurisdiction to issue the order granted on September 25, 2026.
At Wednesday’s proceedings, Emefo Etudo, counsel to Kazeem, told Justice Musa Kakaki that the defence filed an application on October 13 after learning of the preservation order through a newspaper publication.
Etudo said the defence had requested a certified true copy of the proceedings of September 25 to establish the circumstances surrounding the order and enable it to file a further affidavit.
In the application, Kazeem’s lawyers argued that their client was not served with a hearing notice before the order was granted, thereby denying him the opportunity to challenge the request.
They relied on Section 36(1) of the 1999 Constitution, which guarantees the right to fair hearing, and argued that the alleged procedural irregularity rendered the proceedings invalid.
The defence is asking the court to strike out the proceedings for want of jurisdiction, vacate the preservation order and direct the immediate release of the affected properties.
However, Abu Ibrahim, counsel for the applicant who obtained the order, told the court that the matter was scheduled for a report on compliance with the directives issued on September 25.
He said the court had granted the preservation order following an application by the prosecution and directed that it be published in a widely circulated newspaper.
During the proceedings, Etudo also raised concerns about Kazeem’s health, telling the court that his client was in a critical condition.
The lawyer alleged that Kazeem was taken to the Lagos University Teaching Hospital (LUTH) on Tuesday but was subsequently moved by the police to the Police Hospital.
He further claimed that his client was experiencing serious respiratory complications.
An affidavit supporting the application, sworn by Kazeem’s wife, Adepeju Afolabi, also raised concerns about his deteriorating health and stated that he was receiving medical treatment.
The affidavit included 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 in Lagos. The report identified Kazeem as a 49-year-old man with chronic asthma and documented recurrent breathlessness, wheezing and chest pain despite treatment.
The defence also alleged that the NDLEA had begun making arrangements to sell the properties covered by the preservation order.
According to the affidavit, Kazeem informed his wife during a visit to the Ikoyi Correctional Centre on October 2 that he had learnt from media reports that the court had ordered the preservation of his properties. She alleged that he subsequently told her the agency was making arrangements to sell the assets.
His lawyers questioned the need to preserve the properties, arguing that the assets were not perishable and that the criminal trial had yet to be concluded. They also maintained that Kazeem remained presumed innocent until proven guilty.
Kazeem is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a second amended 22-count charge filed by the NDLEA over alleged conspiracy, cocaine trafficking and money laundering.
The agency alleged that the defendants conspired with two other suspects, Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who were arrested in London, to export 184.5 kilogrammes of cocaine concealed in five consignments through a Lagos-based courier logistics company to the United Kingdom.
The prosecution further alleged that Kazeem facilitated the shipment and paid N13.2 million 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.
The defendants have pleaded not guilty to the charges.
The court has yet to determine the application challenging the property preservation order.
