A Federal High Court in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce socialite and celebrity jeweller Afolabi Kazeem Micheal, popularly known as KayCee Luxury, in court after he spent more than two weeks in the agency’s custody without a formal charge being filed against him.

The order has brought fresh legal scrutiny to the circumstances surrounding the arrest and continued detention of the socialite, who the NDLEA has linked to a major cocaine seizure at Lagos airport.

Justice Friday Ogazi issued the directive on Thursday after hearing an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules 2009.

The court also directed the NDLEA to respond to the allegations contained in the application within five days of being served with the court processes.

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

How the Arrest Unfolded

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

The arrest followed the agency’s seizure of 184.5 kilogrammes of cocaine, which the NDLEA described as the largest cocaine seizure from a courier company in its history.

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NDLEA Chairman, Buba Marwa, subsequently said Afolabi was allegedly found in possession of €7,750, £2,800, N100,000 and expensive jewellery.

The agency said he was arrested alongside Lawal Kehinde, an employee of a logistics company allegedly connected with the drug consignment.

According to the NDLEA, its investigation suggested that Nigeria was being used as a transit route for illicit drugs destined for the United Kingdom, Europe and Asia.

The agency went further by describing KayCee Luxury as the alleged “Nigerian arrowhead” of the cartel operation.

But despite the seriousness of the allegations, no formal charge has been filed against Afolabi since his arrest, a situation that has now become the central issue in his fundamental-rights action.

The 14-Day Detention Question

Afolabi’s legal challenge focuses heavily on the legality of his continued detention without arraignment.

In the court processes, his father, Eric Afolabi, who deposed to the supporting affidavit on his son’s behalf, alleged that the socialite had remained in NDLEA custody since August 13 without being informed of the specific offence for which he was being held or being brought before a court.

The claim has placed the agency’s handling of the investigation under judicial scrutiny.

Afolabi 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 for his immediate release or, alternatively, his admission to bail on liberal terms pending the filing of any criminal charge.

Allegations Over Banana Island Search

The legal action has also raised questions about an alleged search of Afolabi’s residence at Movamo Court, Banana Island, Lagos.

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Afolabi alleged that NDLEA operatives searched the property after his arrest without showing him or members of his family a search warrant.

According to his account, the operatives searched the entire premises but allegedly recovered nothing incriminating.

He further claimed that the operatives seized his iPhone 15 and demanded that he surrender the password to the device.

He alleged that he was threatened with bodily harm if he failed to cooperate.

The socialite maintained that the phone contained private information belonging to him and his wife and claimed that its contents did not reveal narcotics, drug-related transactions, communications or other evidence linking him to a criminal offence.

These allegations remain claims made in his court processes and have yet to be determined by the court.

Fight Over Photographs and Videos

Another major element of the lawsuit concerns photographs and videos allegedly taken of Afolabi while in NDLEA custody.

The socialite alleged that the agency took and circulated images and videos of him in a manner that portrayed him as a criminal before he had been tried or convicted.

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

He is seeking N100 million in damages over the alleged taking and circulation of the photographs and videos.

He is also demanding N50 million over his alleged unlawful arrest and detention and another N40 million for alleged invasion of the privacy of his home and telephone.

Luxury Assets at Centre of Dispute

Afolabi is further asking the court to order the NDLEA to return several items he alleges were seized from him.

The list includes €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.

He is also seeking the return of a Lexus RX350 and a 2024 Toyota Hilux.

Afolabi maintains that none of the items was acquired with proceeds from narcotics or any other criminal activity.

Whether the assets were legitimately acquired or have any connection to the investigation is ultimately a matter for evidence and determination by the appropriate authorities and, where necessary, the court.

Court Orders NDLEA to Respond

Following Thursday’s proceedings, Justice Friday Ogazi directed the NDLEA to respond to the claims within five days after being served with the relevant processes.

The judge further 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 accompanying processes within four working days.

The matter has now been adjourned until September 9, when the substantive application is scheduled for hearing.