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Court Gives NDLEA Five Days to Explain Why KC Luxury Should Not Be Released or Granted Bail

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The Federal High Court in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce detained social media influencer and businessman Afolabi Kazeem Michael, popularly known as “KC Luxury,” before the court over his alleged 14-day detention without a formal charge.

Justice Friday Ogazi issued the order on Thursday, August 27, 2026, following an ex parte application filed on Michael’s behalf by his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules 2009.

The court also directed the NDLEA to respond to Michael’s fundamental rights application and show cause why he should not be released or admitted to bail.

Justice Ogazi ordered that the agency be served with the ex parte motion, enrolled order and other accompanying processes within four working days. The NDLEA was further directed to file its response within five days of service and produce Michael before the court at the next hearing.

The judge adjourned the matter until September 9, 2026, for hearing of the substantive originating motion.

The order does not direct Michael’s immediate release or determine the allegations against him. Rather, it requires the NDLEA to produce him in court and respond to his challenge to the legality of his continued detention.

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

His father, Eric Afolabi, who deposed to the supporting affidavit, alleged that Michael had remained in custody since his arrest without being informed of the specific offence for which he was being detained or formally charged before a competent court.

Michael argued that his continued detention beyond the constitutionally permissible period without a formal charge violated his fundamental right to personal liberty under the 1999 Constitution.

In his substantive application, he is asking the court to declare his continued detention unconstitutional and order his immediate release. Alternatively, he is seeking bail on liberal terms pending the filing of any criminal charge.

Michael also alleged that NDLEA operatives searched his residence at Movamo Court, Banana Island, Lagos, without presenting a search warrant to him or members of his family.

According to him, nothing incriminating was recovered during the search. He further alleged that the operatives seized his iPhone 15 and demanded its password while allegedly threatening him with bodily harm.

Michael claimed the phone contained private information belonging to him and his wife. He also maintained that the search did not uncover narcotics, drug-related transactions, communications or other materials linking him to any criminal offence.

The businessman additionally accused the NDLEA of taking and circulating photographs and videos of him in custody in circumstances that allegedly portrayed him to the public as a criminal before trial or conviction.

He argued that the alleged circulation of the materials violated his constitutional rights to dignity and privacy and subjected him to public ridicule, embarrassment and humiliation.

Michael is seeking ₦100 million in damages over the alleged taking and circulation of the photographs and videos, ₦50 million for his alleged unlawful arrest and detention, and another ₦40 million for the alleged invasion of the privacy of his home and telephone.

He is also asking the court to order the NDLEA to return properties allegedly seized from him.

The listed 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 and an iPhone 15.

Other properties listed are a Lexus RX350 and a 2024 Toyota Hilux.

Michael maintained that the properties were not acquired with proceeds from narcotics trafficking or any other criminal activity.

He also raised concerns about his health, alleging that he suffers from acute and severe asthma requiring urgent treatment that could not be adequately provided at the detention facility.

Michael told the court that he has a permanent address in Lagos and strong family and business ties in Nigeria. He also expressed his willingness to surrender his international passport and comply with any bail conditions imposed by the court.

The NDLEA, however, has linked Michael’s arrest to its investigation into the interception of 184.50 kilogrammes of cocaine allegedly connected to an international drug-trafficking network.

The agency alleged that the syndicate used Nigeria as a transit point for cocaine shipments destined for the United Kingdom, other parts of Europe and Asia.

The NDLEA had described Michael as the alleged Nigerian coordinator of the syndicate and claimed that its investigation resulted in the seizure of foreign currencies, luxury items and vehicles.

Michael has not been convicted of any offence, and the allegations made by both sides remain subject to judicial determination.

The Federal High Court is expected to consider Michael’s challenge to his continued detention, his request for release or bail, the alleged violations of his privacy and dignity, and the damages he is seeking when proceedings resume on September 9.

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