Businessman and social media personality Afolabi Michael Kazeem, popularly known as KC Luxury, has challenged a Federal High Court order preserving his properties, with his lawyer alleging that the decision was made without giving his client an opportunity to be heard.
The application was presented before Justice Musa Kakaki of the Federal High Court in Lagos, where KC Luxury is standing trial alongside two other defendants over alleged cocaine trafficking and money laundering offences.
At the resumed court session on Wednesday, October 14, 2026, his counsel, Emefo Etudo, informed the court that the defence had filed an application challenging the court’s jurisdiction to issue the property preservation order granted on September 25.
The lawyer said the defence became aware of the order through a newspaper publication and subsequently filed its application on October 13, seeking to have the order set aside.
Lawyer Questions Validity of Property Preservation Order
According to the defence, KC Luxury was not served with a hearing notice before the court issued the order preserving his properties.
Etudo argued that the alleged failure to notify his client denied him the opportunity to challenge the application, thereby raising concerns about his constitutional right to fair hearing under Section 36(1) of the 1999 Constitution.
The defence is asking the court to strike out the proceedings leading to the order, vacate the directive and order the immediate release of the affected properties.
The lawyer also requested certified copies of the proceedings from September 25 to establish the circumstances under which the order was granted and support further filings in the case.
The application challenging the order has been scheduled for hearing on December 3, 2026.
KC Luxury’s Lawyer Raises Alarm Over His Health
During the proceedings, Etudo also expressed serious concern about his client’s medical condition, telling the court that the businessman was critically ill.
According to the lawyer, KC Luxury was taken to the Lagos University Teaching Hospital (LUTH) on Tuesday but was subsequently moved by police to the Police Hospital.
He further claimed that his client’s lungs were no longer functioning properly and urged the court to take note of the seriousness of the situation.
“My Lord, just as a form of information to the court, the first defendant is between life and death as we speak,” the lawyer said.
Etudo added that the situation required urgent attention, stressing that the businessman needed appropriate medical care.
The defence also relied on an affidavit sworn by KC Luxury’s wife, Adepeju Afolabi, which reportedly detailed the deterioration of his health.
A medical report dated September 15, 2026, issued by the National Drug Law Enforcement Agency’s medical unit at the Murtala Muhammed International Airport Command, identified the businessman as a 49-year-old man with chronic asthma.
The report documented recurring breathlessness, wheezing and chest pain despite treatment, recommending an assessment by a specialist in respiratory medicine.
Defence Raises Concerns Over Proposed Sale of Assets
KC Luxury’s legal team also alleged that the NDLEA had begun taking steps towards selling properties covered by the preservation order.
According to the supporting affidavit, the businessman learnt about the order through media reports while visiting the Ikoyi Correctional Centre on October 2.
The defence questioned the need to preserve the properties and argued that the assets were not perishable. It further maintained that KC Luxury remained presumed innocent because his criminal trial had not been concluded.
The application therefore seeks to prevent the continued enforcement of the order and secure the release of the affected assets.
KC Luxury and Co-Defendants Face 22-Count Charge
The businessman is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22-count charge filed by the NDLEA.
The charges relate to alleged conspiracy, cocaine trafficking, unlawful exportation of narcotics and money laundering involving 184.5 kilogrammes of cocaine allegedly destined for the United Kingdom.
The agency alleged that the defendants worked with two other suspects, Atandare Oladipupo Oluwarotimi and Latifat Yusuf, who were reportedly arrested in London.
The prosecution also alleged that KC Luxury facilitated the shipment and paid N13.2 million through a Mallamawa Ventures account with Zenith Bank to BOT Express Logistics for the consignment.
According to the NDLEA, some of the funds were allegedly used to acquire luxury vehicles and landed properties.
KC Luxury and his co-defendants have pleaded not guilty to the charges.
The allegations remain before the court, and the defendants have not been convicted.
The latest proceedings have brought renewed attention to both the businessman’s health concerns and the legal dispute over the preservation of his assets as the case continues.
