Businessman Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged a Federal High Court in Lagos over an interim order preserving his properties, alleging that the proceedings leading to the order violated his constitutional right to a fair hearing.
Kazeem, who is standing trial alongside two other defendants over an alleged 184.5kg cocaine trafficking operation and money laundering, is asking the court to strike out the proceedings for want of jurisdiction, vacate the September 25, 2026, property preservation order and direct the immediate release of the affected assets.
Naija News reports that the application was brought before Justice Musa Kakaki following concerns raised by Kazeem’s defence team over the circumstances in which the order was granted.
At the resumed hearing on Wednesday, October 14, 2026, defence counsel, Emefo Etudo, informed the court that an application challenging its jurisdiction had been filed on October 13 after the defence became aware of the preservation order through a newspaper publication.
The application has been scheduled for hearing on December 3, 2026.
KC Luxury Alleges Violation of Fair Hearing Rights
In the application, Kazeem’s lawyers argued that their client was not served with a hearing notice before the court granted the order preserving his properties.
According to the defence, the alleged failure to notify Kazeem deprived him of the opportunity to respond to the application before the order was made.
The lawyers maintained that this amounted to a violation of Section 36(1) of the 1999 Constitution, which guarantees the right to a fair hearing in the determination of civil rights and obligations.
They also cited judicial authorities, including Madukolu v. Nkemdilim (1962) 2 SCNLR 341, to support their argument that compliance with due process is essential to the valid exercise of jurisdiction by a court.
The defence contended that the alleged procedural irregularity rendered the proceedings a nullity and urged the court to set aside the September 25 order.
Etudo had earlier told the court that the defence applied for a certified true copy of the proceedings of September 25 to establish what transpired before the order was granted and to enable it to file a further affidavit.
Responding, counsel for the applicant, Abu Ibrahim, told the court that the day’s business was for a report. He also informed the court that the preservation order had been granted on September 25, with a directive that it be published in a widely circulated newspaper.
Defence Raises Alarm Over KC Luxury’s Health
Beyond the jurisdictional challenge, Kazeem’s lawyer raised concerns about the businessman’s health, telling the court that his client was in a critical condition.
“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” Etudo said.
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 both of the businessman’s lungs were no longer functioning properly.
“Only the living can be tried,” the defence counsel added.
Kazeem’s health condition was also addressed in an affidavit supporting the application, sworn by his wife, Adepeju Afolabi.
In the affidavit, she alleged that her husband’s health had deteriorated and that he had been receiving treatment at LUTH.
The supporting documents included a medical report dated September 15, 2026, issued by the medical unit of the National Drug Law Enforcement Agency (NDLEA) at the Murtala Muhammed International Airport Command in Lagos.
The report, signed by Dr Odey John C., a Superintendent of Narcotics and head of the medical unit, identified Kazeem as a 49-year-old man with chronic asthma.
It stated that he had experienced recurring episodes of 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 his treatment and help prevent further acute episodes.
The health claims were presented by the defence and in the supporting affidavit. They were not, in the proceedings described, a determination by the court of Kazeem’s medical condition.
Defence Questions Alleged Move to Sell Properties
Kazeem’s lawyers also expressed concern over allegations that the NDLEA had initiated steps to sell the properties covered by the preservation order.
According to the supporting affidavit, Kazeem told 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 assets.
She alleged that he subsequently informed her that the agency had begun taking steps towards selling the properties.
The defence questioned the necessity of preserving the assets, arguing that the properties were not perishable and that the businessman remained presumed innocent because his criminal trial had not been concluded.
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.
The court is expected to hear the application on December 3, 2026.
KC Luxury, Two Others Face 22-Count Charge
Kazeem is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch before Justice Kakaki on a second amended 22-count charge filed by the NDLEA.
The charges border on alleged conspiracy, cocaine trafficking and money laundering. All three defendants have pleaded not guilty.
The NDLEA alleged that the defendants conspired with two other suspects, Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who were arrested in London, United Kingdom, to export 184.5 kilogrammes of cocaine concealed in five consignments through a Lagos-based courier logistics company to London.
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 agency also alleged that some of the funds were used to acquire luxury vehicles and landed properties.
The allegations remain before the court, and the defendants have denied the charges.
The December 3 hearing will provide an opportunity for the court to consider Kazeem’s challenge to the jurisdiction and the property preservation proceedings.