Court denies KC Luxury, two others bail over alleged cocaine trafficking

The Federal High Court in Lagos on Friday rejected the bail applications of detained Kazeem Afolabi, widely known as KC Luxury, and two others facing trial on cocaine trafficking and money laundering charges.

In denying the defendants bail, the judge, Musa Kakaki, he considered the seriousness of the alleged offences, the punishment they attract and the possibility that the defendants could abscond if released.

Mr Kakaki also referred to the prevalence of illicit drug trafficking and its effect on society, Sahara Reporters reported.

On 25 September, the National Drug Law Enforcement Agency (NDLEA) arraigned Mr Afolabi alongside his two co-defendants on 22 counts of cocaine trafficking, unlawful export of narcotics and money laundering, following which the judge ordered them to remain in the agency’s custody pending the ruling on their bail application.

The two other co-defendants are Boniface Sule and Ikechukwu Patriarch. Mr Afolabi, who is the first defendant, is named in 21 of the 22 counts.

All the defendants pleaded not guilty to the charges.

After denying the defendants bail on Friday, Judge Kakaki adjourned for further hearing from 2 November to 5 November with proceedings scheduled to be held daily during the period.

How the case started

The case followed the seizure of 184.5 kilogrammes of cocaine at a DHL facility within the premises of the Nigerian Aviation Handling Company (NAHCO) in Ikeja, Lagos, on 3 August.

The NDLEA put the value of the cocaine at about N39 billion and described the seizure as its largest interception of cocaine through a courier company in Nigeria.

The agency explained that the cocaine was concealed in five consignments bound for London, with Yemi Ejide listed as the shipper.

The prosecution alleged that the defendants worked with Atandare Oladipupo Oluwarotimi and Latifat Yusuf to export the cocaine.

According to the NDLEA, the two suspects were arrested in London in connection with the investigation.

The agency also alleged that Mr Afolabi used a staff member of BOT Express Logistics on Lagos Island to process the consignments and paid N13.2 million from a Mallamawa Ventures account with Zenith Bank.

The NDLEA said the consignment was part of an international drug-trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.

The agency’s chairman, Buba Marwa, had described Mr Afolabi as the alleged Nigerian “arrowhead” of the network.

Mr Afolabi was arrested on 13 August at the departure hall of the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris.

The NDLEA said it recovered €7,750, £2,800 and N100,000 in cash, as well as jewellery and other items, from him. It also said exotic vehicles and other assets were recovered from his Banana Island apartment.

Money-laundering allegations

The NDLEA also accused Mr Afolabi of moving billions of naira through several company and personal accounts.

The accounts, according to the agency, included those belonging to Mallamawa Ventures, Fateey Man Multi-Purpose Nigeria Limited, Patonifa Limited, Ade-Lak Resources, Holmestas Global Services Limited and La Capital Enterprises.

The agency alleged that some of the funds were used to acquire vehicles and landed properties in an attempt to conceal proceeds of the alleged drug trade.

Mr Afolabi was also accused of failing to declare his assets to the agency as required by law.

Previous detention dispute

Mr Afolabi had spent more than a month in NDLEA custody before his arraignment.

On 20 August, another judge Akintayo Aluko authorised the agency to keep him in custody for 30 days while it continued its investigation. The court also ordered the preservation of funds in his Providus Bank account and other accounts linked to his Bank Verification Number.

Mr Afolabi, through his lawyer, Abdulakeem Labi-Lawal, a Senior Advocate of Nigeria (SAN), challenged the order.

The defence argued that the court lacked jurisdiction to extend the detention of a suspect who had not been charged. It relied on Sections 293 to 299 of the Administration of Criminal Justice Act, particularly section 296(1).

The NDLEA opposed the application, arguing that the order was made to allow it to complete its investigation and was not a remand order under the ACJA.

Mr Aluko dismissed the application on 17 September, holding that the provisions relied upon by the defence did not apply to the circumstances of the case.

READ ALSO: NDLEA arraigns KC Luxury, two others over 184.5kg cocaine shipment

The judge also held that the materials before the court disclosed reasonable suspicion of a drug-related offence and justified a temporary restriction of Mr Afolabi’s liberty under section 35 of the Nigerian constitution.

Mr Afolabi has separately filed a fundamental-rights suit before Judge Friday Ogazi, challenging his continued detention.

He is seeking his release or bail pending the filing of any criminal charge, as well as damages over allegations concerning his arrest, detention, privacy and the publication of photographs and videos of him while in NDLEA custody.

The three defendants will remain in custody following Friday’s ruling and will return to court for further proceedings.