KC Luxury Moves for Judge’s Recusal in 184.5kg Cocaine Trial Over Court-Record Concerns

Afolabi Michael Kazeem, Nigerian entrepreneur and social media personality known as KC Luxury has requested Justice Musa Kakaki of the Federal High Court, Lagos to recuse himself from his trial over allegations of cocaine trafficking and money laundering due to irregularities and health concerns.

The request for recusal was filed through his counsel, Chief Emefo Etudo, on Monday. According to the defence, Kazeem no longer has faith in the way the court has handled his case including; handling of evidence, lack of proper recording equipment and lack of a ruling on October 28.

“The ruling on the medical bail application was given on October 28 but it is not captured in the record. We tried to get a certified copy from the registry but they said it has not been signed yet which could affect his right to appeal within the statutory time frame,” Etudo said.

The defence added that there was an issue with a reply affidavit. “There is no ruling on October 28, 2026 captured in the record. We don’t feel safe because our evidence is not safe in this court e.g. the reply affidavit is missing.”

Etudo went on to say that there is no proper recording equipment in the Federal High Court. “The lack of proper verbatim equipment means there will be issues with the documentation. This has caused him to lose faith in the court,” he said.

He also said there is not enough evidence from the prosecution. “None of the documents show any connection between the first, second and third defendants and the offences. We will be filing a separate application regarding the evidence but we want this application to be decided on first,” he said.

Kazeem was not in court on Monday. Etudo said Kazeem’s health had worsened. He also challenged the prosecution to confirm his client’s health. In a previous case, a client with prostate cancer died before the next adjourned date after the court rejected an application for medical bail.

Opposition

Prosecution counsel Ibrahim Abu said he did not agree with the application as the case was listed for trial and there was no explanation as to why Kazeem was not there. Six witnesses were present and ready to give their evidence as previously directed by the court.

“I received the application during the stand down. It is premature. I need 5 days to respond. There is no issue with bias. Bail was denied which is a discretionary decision. They can appeal or make a new application,” Abu said.

He said he did not agree with any application to discontinue the charges. “Count one says there was a conspiracy.”

Request from co-defendants

Counsel to the second defendant, Augustine Audu (SAN) said the application needed to be heard and decided upon before the trial could continue. “The application has caused a delay. The order for fast tracking has been defeated,” he said.

“We therefore ask you to allow the prosecution to amend the charge and discontinue the case. The second and third defendants need to continue without the first defendant. We do not want them to suffer the fate of the first defendant because we are stuck,” Audu said.

He said that the conspiracy charge does not stop them trying those who are available. He asked the court to consider bail for the second and third defendant. “My client is very keen to go to trial and prove his innocence. He should not be held because of delays stemming from another defendant’s application.”

Decision

Justice Kakaki adjourned the case until November 25, 2026 to argue the application.

Background

Kazeem is on trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22 count charge of conspiring to export 184.5 kilogrammes of cocaine to the UK and money laundering. All three defendants have pleaded not guilty.

On October 28, Justice Kakaki denied Kazeem’s medical bail application as there was not enough medical evidence from the defence to show there were exceptional circumstances. However, he ordered Ikoyi Custodial Centre to allow Kazeem free access to doctors and specialists and ordered a fast tracked trial.

In a previous hearing on October 23, Kazeem was brought to court in an ambulance on oxygen. The correctional officer said Kazeem was critically ill and in hospital. A nurse from the Police Hospital in Falomo said he was admitted on October 7 and was diagnosed with asthma and sepsis.

Source: saharareporters.com

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