Socialite and businessman, Afolabi Kazeem Michael, popularly known as KC Luxury, has sued the National Drug Law Enforcement Agency (NDLEA) at the Federal High Court in Lagos over his continued detention.
Michael is seeking N190 million in damages for alleged unlawful arrest and detention, invasion of privacy and circulation of his photographs and videos while in custody.
KC Luxury was arrested by NDLEA operatives on Aug. 13 at the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris.
The NDLEA said his arrest was linked to an investigation into the seizure of 184.50kg of cocaine allegedly connected to an international drug trafficking network using Nigeria as a transit point for shipments to the United Kingdom, Europe and Asia.
The agency also said its investigation led to the seizure of foreign currencies and luxury items, as well as searches conducted in connection with the case.
However, in a fundamental rights enforcement suit filed through his lawyer, Mr Abdulakeem Labi-Lawal, SAN, KC Luxury challenged his continued detention without a criminal charge.
He asked the court to declare his detention unconstitutional and a violation of his right to personal liberty.
In an affidavit sworn by his father, Eric Afolabi, the family alleged that KC Luxury had spent 14 days in NDLEA custody without being informed of the specific offence for which he was being detained or formally charged before a court.
The affidavit further alleged that NDLEA operatives searched his residence at Movamo Court, Banana Island, Lagos, following his arrest without producing a search warrant.
According to the family, the search did not uncover any incriminating material.
KC Luxury is asking the court to order his immediate release or grant him bail on favourable terms pending the filing of any criminal charges.
Justice Friday Ogazi declined to grant the application ex parte and directed that the NDLEA be served with the case and given an opportunity to respond.
The judge also ordered the agency to produce KC Luxury in court at the next hearing.
He directed the NDLEA to serve the relevant documents within four working days and file its response within five days of service.
The court adjourned the case until Sept. 9 for hearing of the substantive application.
The allegations contained in the suit have not been determined by the court.
