Businessman and social media influencer, Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged the jurisdiction of the Federal High Court in Lagos over an interim order preserving his properties, alleging that the proceedings leading to the decision violated his constitutional right to fair hearing.

Kazeem, who is standing trial alongside two other defendants over alleged cocaine trafficking and money laundering, is asking the court to set aside the September 25, 2026, order, strike out the proceedings relating to the property preservation directive and order the immediate release of the affected assets.

At proceedings on Wednesday, October 14, his lawyer, Chief Emefo Etudo, told Justice Musa Kakaki that the defence had filed an application challenging the court’s jurisdiction after learning about the property order through a newspaper publication.

Etudo explained that he had only recently become aware of the order and subsequently filed the application on October 13, arguing that the jurisdictional issue should be determined before other proceedings concerning compliance with the directive.

The lawyer also said the defence had applied for a certified true copy of the proceedings of September 25 to establish the circumstances under which the order was granted and to prepare additional evidence in support of its application.

The defence argued that Kazeem was not served with a hearing notice before the preservation order was issued, thereby denying him the opportunity to challenge the application.

His lawyers maintained that the alleged failure breached Section 36(1) of the 1999 Constitution, which guarantees the right to fair hearing in the determination of civil rights and obligations.

They further argued that compliance with due process was a necessary condition for the valid exercise of judicial jurisdiction and that the alleged procedural irregularities rendered the proceedings invalid.

Counsel to the applicant, Abu Ibrahim, told the court that the matter was scheduled for a report on compliance with the existing order. He explained that the court had directed the publication of the preservation order in a widely circulated newspaper.

Beyond the jurisdictional challenge, Etudo raised concerns about Kazeem’s health, telling the court that his client was in a critical condition.

The lawyer alleged that Kazeem had been taken to the Lagos University Teaching Hospital before being transferred by the police to the Police Hospital. He also claimed that the businessman was experiencing serious respiratory complications.

Kazeem’s wife, Adepeju Afolabi, raised similar concerns in an affidavit supporting the application, alleging that her husband’s health had deteriorated and that he required medical attention.

The affidavit referenced a medical report dated September 15, 2026, issued by the medical unit of the National Drug Law Enforcement Agency at the Murtala Muhammed International Airport Command in Lagos.

The report identified Kazeem as a 49-year-old man with chronic asthma and documented recurrent breathlessness, wheezing and chest pain despite treatment. It recommended an assessment by a respiratory specialist to evaluate his condition and improve his treatment.

The defence also alleged that the NDLEA had begun taking steps to sell properties covered by the preservation order. According to the affidavit, Kazeem reportedly learnt about the order through media reports while in custody and subsequently informed his wife that steps were being taken to dispose of the assets.

His lawyers questioned the need to preserve the properties, arguing that they were not perishable and that the defendants remained presumed innocent because their criminal trial had not been concluded.

The application seeks to have the property-related proceedings struck out for lack of jurisdiction, the September 25 order vacated and the affected assets released.

Kazeem and his co-defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, are facing a 22-count charge filed by the NDLEA bordering on alleged conspiracy, cocaine trafficking and money laundering. They have pleaded not guilty to the charges.

The prosecution alleges that the defendants conspired with two other suspects, Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who were arrested in the United Kingdom, to export 184.5 kilogrammes of cocaine to London in five consignments through a Lagos-based logistics company.

The agency further alleges that Kazeem facilitated the shipment and paid ₦13.2 million from a Mallamawa Ventures account with Zenith Bank to BOT Express Logistics in connection with the consignment.

The prosecution also alleges that some of the funds involved were used to acquire luxury vehicles and landed properties. The defendants have denied the allegations.

The court adjourned the hearing of the application challenging the property preservation order until December 3, 2026.