A federal high court in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce Afolabi Kazeem Micheal, the socialite known as ‘KayCee Luxury’, in court over failure to formarly file a charge and arraign him after 14 days in custody.
The order followed an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules 2009.
Afolabi was arrested by NDLEA operatives on August 13 at the Murtala Muhammed International Airport, Lagos, while he was preparing to travel to Paris.
The NDLEA allegedly linked him to the seizure of 184.5kg of cocaine. The agency described 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.
The NDLEA said it nabbed him alongside Lawal Kehinde, an employee of a logistics company allegedly connected to the consignment.
The agency added that the investigation indicated that Nigeria was being used as a transit hub for illicit drugs destined for the United Kingdom, Europe and Asia.
The anti-drug body described the celebrity jeweller as the “Nigerian arrowhead” of the cartel operation.
Since his arrest, there has been no official charge filed against him.
In the application before the court, his father, Eric Afolabi, who deposed to the supporting affidavit on his behalf, alleged that his son had remained in NDLEA custody since his arrest without being informed of the offence for which he was arrested or charged before a court.
KayCee Luxury alleged that NDLEA operatives searched his residence at Movamo Court, Banana Island, Lagos, after his arrest without showing him or members of his family a search warrant.
He claimed the operatives searched the entire premises but found nothing incriminating.
The socialite also alleged that the operatives seized his iPhone 15 and demanded that he provide the device’s password, allegedly threatening him with bodily harm.
According to him, the phone contained private information belonging to him and his wife.
He claimed the search of the device did not reveal narcotics, drug-related transactions, communications or other material linking him to an offence.
The suspect further accused the NDLEA of taking and circulating photographs and videos of him while in custody, allegedly portraying him as a criminal before trial or conviction.
He argued that the alleged publication violated his rights to dignity and privacy and exposed him to public ridicule, embarrassment and humiliation.
The suspect is seeking N100 million in damages over the alleged taking and circulation of the photographs and videos.
He is also claiming N50 million for alleged unlawful arrest and detention and N40 million for alleged invasion of the privacy of his home and telephone.
Furthermore, he is asking the court to order the NDLEA to return several items he alleged were seized from him.
The items 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 claimed that none of the items was acquired from the proceeds of narcotics or any other criminal activity.
Afolabi also told the court that he requires urgent medical treatment for acute and severe asthma and alleged that the facility where he is being detained cannot adequately provide the required care.
The socialite is asking the court to declare his continued detention without a formal charge unconstitutional and a violation of his fundamental right to personal liberty.
He is also seeking an order directing his immediate release or, alternatively, admitting him to bail on liberal terms pending the filing of any charge against him.
After hearing the application on Thursday, Friday Ogazi, presiding judge, directed the NDLEA to respond to the claims within five days of being served with the court processes.
The judge also ordered the agency to produce Afolabi in court at the next hearing of the substantive application.
The court directed that the NDLEA be served with the ex parte motion, enrolled order and other accompanying processes within four working days.
The matter was adjourned until September 9 for hearing of the substantive application.