Businessman and social media influencer Afolabi Michael Kazeem, popularly referred to as KC Luxury, has requested a Federal High Court in Lagos to withdraw from his trial over alleged trafficking of 184.5kg of cocaine and cash laundering over irregularities in its data and considerations about his worsening well being.
Kazeem, who made the request on Monday by means of his lawyer, Chief Emefo Etudo, is looking for Justice Musa Kakaki’s recusal. He alleged that lacking courtroom paperwork and the failure to acquire a duplicate of the choose’s current ruling had undermined his confidence within the proceedings.
The software got here lower than per week after Justice Kakaki rejected Kazeem’s request for bail on medical grounds, ruling that he had not proven distinctive circumstances or supplied adequate proof to justify his launch from custody.
Read Also: Court Denies KC Luxury, Others Bail Over Alleged Cocaine Trafficking
KC Luxury and his co-defendants, Boniface Sule and Ikechukwu Patriarch, have been arraigned by the National Drug Law Enforcement Agency (NDLEA) on a 22-count amended cost of conspiracy, unlawful possession, procurement, cocaine exportation and cash laundering.
They pleaded not responsible to the costs.
When the case resumed on Monday, Etudo informed the choose that the report of proceedings didn’t embody the ruling delivered on 28 October.
He alleged that repeated makes an attempt to acquire a licensed copy of the ruling from the courtroom registry had failed, and that the defence had been informed the choose had not but signed it.
He mentioned the delay may prejudice Kazeem’s proper to attraction inside the prescribed interval.
The lawyer additionally alleged {that a} reply affidavit filed by the defence had gone lacking, elevating considerations in regards to the safety of paperwork submitted to the courtroom.
“The record of proceedings did not reflect that any ruling was made on October 28, 2026, by this honourable court. And we don’t feel so safe that our evidence, like the reply affidavit that got missing, is safe in the court,” Etudo mentioned.
Etudo additionally criticised the courtroom’s lack of enough recording amenities, arguing that digital recording would assist protect an correct account of statements, arguments and judicial choices.
He questioned the prosecution’s proof, saying the paperwork tendered to date didn’t set up the alleged hyperlink between the primary, second and third defendants and the offences.
He mentioned he deliberate to file a separate software difficult the sufficiency of the prosecution’s proof, however wished the courtroom to determine the recusal software first.
Opposing the request, prosecution counsel Ibrahim Abu accused the defence of making an attempt to derail the scheduled trial and famous that Kazeem was absent from courtroom with out rationalization.
“I thought what Chief Etudo would have begun with was to address the business of the day, which is trial. Etudo has not explained to the court where his client is. That is where he should have begun from,” Abu mentioned.
He informed the courtroom that six prosecution witnesses have been current and able to testify, consistent with the courtroom’s earlier directive for an accelerated listening to.
Abu mentioned he obtained the recusal software through the courtroom’s stand-down. He argued it was not but prepared for listening to and requested 5 days to reply.
He additionally rejected the allegations of judicial bias, saying the courtroom had handled all events pretty and that the refusal of bail didn’t point out partiality.
According to Abu, the defence may attraction the bail ruling or file one other software as a substitute of looking for the choose’s withdrawal.
“Refusal of bail is the discretion of the court. That is not bias. There is an opportunity to appeal the decision, which has not been taken,” he argued.
The prosecution additionally opposed any suggestion to sever the costs, sustaining that the primary depend concerned an alleged conspiracy among the many defendants.
Counsel for the second defendant, Augustine Audu (SAN), urged the courtroom to determine the recusal software earlier than beginning the trial. He warned that the opposite defendants shouldn’t stay in custody indefinitely due to proceedings involving Kazeem.
Audu mentioned he wouldn’t oppose the applying as a result of it involved the primary defendant and the prosecution.
He additionally urged the prosecution to think about amending the cost to separate the defendants, permitting the second and third defendants to face trial independently.
Audu additional requested the courtroom to think about the bail purposes of the second and third defendants, saying they need to not stay in custody whereas the case towards Kazeem was stalled.
He mentioned his shopper was keen to face trial and clear his title, including that delays involving one other defendant shouldn’t undermine the presumption of innocence.
Justice Kakaki adjourned the case to November 25 for the listening to of the applying.
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