Justice Akintayo Aluko sitting at the Federal High Court, in Ikoyi, Lagos, has dismissed an application by Afolabi Michael Kazeem, also known as KC Luxury, seeking to overturn an order extending his detention for 30 days over alleged involvement in the trafficking of 184.5 Kilogrammes of cocaine.
In dismissing the application, Justice Aluko held that the detention extension order granted on August 20, this year, was properly issued and backed by the Constitution and relevant drug-control laws.
The ruling followed an earlier fundamental rights suit filed by Kazeem before Justice Friday Ogazi, who ordered the NDLEA to produce him in court within 14 days and directed the agency to respond to his challenge against his continued detention. Kazeem had alleged that his detention was unlawful and violated his constitutional rights, and sought his release or bail.
Kazeem through his lawyer, Abdulakeem Labi-lawal (SAN) had asked the court to set aside or strike out the order, arguing that the court lacked jurisdiction to extend his detention.
The lawyer had contended that only a Magistrate Court could issue a remand order under Sections 293 to 299 of the Administration of Criminal Justice Act, 2015, describing the detention extension as an unlawful interference with the suspect’s constitutional right to personal liberty.
However, NDLEA through its lawyer, Abu Ibrahim, dismissed the argument as a misconception of the nature of the order granted by the court.
Abu maintained that the August 20 order was not a remand order under the ACJA but an extension of detention granted to enable the relevant agency conduct detailed investigations into the alleged drug trafficking offence.
According to the ruling, Kazeem was arrested on August 13, this year, at the departure hall of the Murtala Muhammed International Airport, Lagos, while allegedly attempting to travel to Paris, France.
NDLEA had told the court that the suspect’s arrest was sequel to the seizure of 184.5kg of cocaine at DHL, Ikeja, Lagos, with the agency alleging that the suspect, KC Luxury was connected to the shipment.
Delivering judgment in the application yesterday, Justice Aluko held that Sections 293 to 299 of the ACJA, which deal with remand proceedings, were not applicable to the case before the court.
The judge also held that it has ‘exclusive’ jurisdiction over drug-related matters by virtue of Section 251(1)(m) of the Constitution and Section 26(1) of the NDLEA Act.
The judge further held that the evidence presented by the NDLEA established reasonable suspicion of a drug-related offence, justifying temporary deprivation of liberty under Section 35 of the constitution.
Justice Aluko consequently dismissed KC Luxury’s application for being an abuse of court process and lack in merit.
The ruling, therefore, leaves the 30-day detention extension granted on August 20, this year, in force.
NDLEA has filed a 22-count charge of drug related offences against the suspect, Afolabi Michael Kazeem a.k.a. KC Luxury, though no date has been fixed for his arraignment.