The National Drug Law Enforcement Agency (NDLEA) on Friday arraigned Kazeem Michael Afolabi, popularly known as KC Luxury, and two others before the Federal High Court in Lagos over an alleged attempt to export 184.5 kilogrammes of cocaine to the United Kingdom.
Mr Afolabi was arraigned alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on 22 charges of cocaine trafficking, unlawful export of narcotics and money laundering.
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They pleaded not guilty to all the counts when they were read to them before trial judge Musa Kakaki.
The NDLEA alleged in a statement by the NDLEA spokesperson Femi Babafemi, on Friday, that the defendants conspired between 28 July and 1 August to send the cocaine to London through a courier logistics company in Lagos.
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The consignment was allegedly concealed in five packages bearing Airway Bill Numbers 2079998314, 8224082370, 2079973571, 7181131742 and 2211893902, with Yemi Ejide listed as the shipper.
In the first count, the agency accused Messrs Afolabi, Sule and Patriarch of conspiring with Atandare Oladipupo Oluwarotimi and Latifat Yusuf to export the cocaine.
The NDLEA said it arrested the two suspects in London.
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The alleged offence was said to contravene Section 14(b) of the NDLEA Act.
The agency further accused Mr Sule of procuring Mr Patriarch to facilitate the shipment.
Mr Afolabi was accused of using a staff member of BOT Express Logistics on Lagos Island to process the packages. He was also accused of paying N13.2 million from a Mallamawa Ventures account with Zenith Bank to the company for the shipment.
The money-laundering counts alleged that Mr Afolabi moved billions of naira through several company and personal accounts, including 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 NDLEA alleged that some of the funds were used to acquire vehicles and landed properties to conceal proceeds of the alleged drug trade.
He was also accused of failing to declare his assets to the agency as required by law.
Background
The case followed the seizure of 184.5kg of cocaine by NDLEA operatives on 3 August at a DHL facility within the premises of the Nigerian Aviation Handling Company in Ikeja, Lagos.
The agency valued the cocaine at about N39 billion and described the seizure as its largest cocaine interception through a courier company in Nigeria.
According to the NDLEA, the investigation linked the consignment to an international drug-trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.
NDLEA 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 in Lagos while preparing to travel to Paris, France.
The agency stated that it recovered €7,750, £2,800 and N100,000 in cash, jewellery and other items from him. It also said exotic vehicles and other assets were recovered during a search of his Banana Island apartment.
Earlier detention
Mr Afolabi had spent more than a month in NDLEA custody before Friday’s 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 pending the conclusion of the investigation and/or prosecution.
Mr Afolabi challenged the order through his lawyer, Abdulakeem Labi-Lawal, a Senior Advocate of Nigeria (SAN).
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), and argued that the detention violated Mr Afolabi’s constitutional right to personal liberty.
The NDLEA opposed the application, maintaining that the 20 August order was an extension of detention granted to enable it to complete its investigation and was not a remand order under the ACJA.
Mr Aluko dismissed the application on 17 September.
The judge held that the ACJA provisions relied upon by the defence did not apply to the circumstances of the case.
He 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 Constitution.
Mr Afolabi has separately filed a fundamental-rights suit before another judge Friday Ogazi, challenging his continued detention.
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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.
At Friday’s proceedings, NDLEA prosecutor Abu Ibrahim opposed the defendants’ bail application. He asked the court to remand them in custody, citing the seriousness of the alleged offences.
Mr Kakaki ordered that the three defendants be remanded in NDLEA custody.
The court adjourned the case until 4 October for ruling on their bail application.
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