Bail application: KC Luxury arrives in court in hospital ambulance, on oxygen
By Onyewuchi Ojinnaka
A Lagos Socialite and Social Media Influencer Mr Afolabi Kazeem Michael also known as KC Luxury, on Friday urged Justice Musa Kakaki of a Federal High Court sitting in Ikoyi Lagos to reconsider its earlier ruling on his bail application and admit him to bail for his specialist treatment at the Lagos University Teaching Hospital( LASUTH)
He was brought to the Federal High Court in Lagos in an ambulance while receiving oxygen on Friday, as his lawyer urged the court to release him on bail for specialised medical treatment.
At the resumed hearing on Friday, a correctional officer informed the court that Kazeem was critically ill and had been hospitalised.
The officer told the court that the defendant had been brought to the premises in an ambulance and proceeded to call the nurse attending to him.
A nurse from the Police Hospital, Falomo, Lagos, Bukki Yahya, told Justice Musa Kakaki that Kazeem, who was receiving oxygen inside the ambulance at the court premises, could not be moved into the courtroom because of his condition.
Yahya said the defendant was admitted to the hospital on October 7,2026, and diagnosed with asthma and sepsis.
“My Lord, I am Bukki Yahya, the nurse attending to the patient, Afolabi. He was diagnosed with asthma and sepsis when he was brought to the Police Hospital, Falomo.
“He is inside the ambulance in the court premises, but we can’t move him here because he is with oxygen,” she said.
Following the nurse’s testimony, Kazeem’s counsel, Emefo Etudo, questioned why his client was brought to court in such a condition.
“If, for instance, the defendant was in the intensive care unit and is like this, why should they bring him to court?” he asked.
Justice Kakaki subsequently directed that the defendant be returned to the hospital, saying, “You can take him back to the hospital.”
Kazeem is standing trial alongside two other defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, over alleged 184.5kg cocaine trafficking and money laundering.
The application of Afolabi Kazeem Michael (1st defendant/applicant) filed before the court was moved and argued by his Counsel Chief Emefo Etudo.
When the matter was called for hearing of bail application, Chief Emefo Etudo leading Mrs Charity Emefo Esq. announced appearance for 1st defendant/applicant, Audu Augustine (SAN) announced appearance for the 2nd defendant, Augustine Nwagu Esq represented the 3rd defendant while Abu Ibrahim Esq announced appearance for complainant/respondent.
Moving the bail application, Chief Emefo told the court that he had filed an application dated October 16, 2026. He further submitted that he received a counter affidavit of the respondent and filed a reply affidavit dated October 22, 2026.
According to him, the application was brought under the inherent jurisdiction of the court and relied on Sections 152 and 153 of the ACJA.
He also relied on eight grounds supporting the application, 19 paragraph affidavit of urgency and 21 paragraphs in support. Exhibits AK 2 –AK 20 were attached with 20 paragraph written address dated October 16, 2026.
Chief Etudo moved and adopted the motion. Moving and arguing the application, the defence counsel submitted that as contained in the grounds, the first defendant’s bail was initially applied for and denied by ” this honourable court
He told the court the ordeal which the 1st defendant has been going through, adding that his ordeal did not start with the NDLEA.
He submitted that the ordeal of the 1st defendant started from the police .
“His problem preceded from the Police, to NDLEA, to the Correctional Centre and to the hospital.
“His lungs collapsed as diagnosed by the Police hospital at Falomo. It is this lungs collapse that made the Police to take him to higher authority which is LASUTH.
” AN assessment done by the NCoS is that they don’t have the logistics for the surgical management of the treatment.
“They withdrew him under that situation to the Correctional Centre on October 13, 2026, While they were going to the NCoS, they almost lost him. The nearest place to him was the Police hospital at Falomo. Doctors put him in Intensive Care Unit before they brought him to court this morning.
Chief Etudo made a strong submission that the prison authorities do not have the facility and experts to manage him and they took him to the Police and from there to LASUTH.
“The Police don’t have the logistics to support him and that is why they took him to the hospital.
He urged the court to admit the 1st defendant/applicant to bail because of the circumstances that he found himself.
He submitted that there are authorities from the Court of Appeal and Supreme Court on such circumstances, adding that the court can take decision in such separate circumstances.
Opposing the application, prosecution counsel, Abu Ibrahim, said the prosecution had filed an 11-paragraph counter-affidavit, sworn to by Ebuka Okwonkwo, on October 22.
Ibrahim argued that the defence was raising issues already considered by the court in its October 2 pronouncement concerning Exhibit AK2.
He submitted that the application amounted to an attempt to relitigate an issue that should have been challenged on appeal.
The prosecutor also argued that the medical condition presented by the defence did not sufficiently justify the defendant’s release.
“Your Lordship looked at the application. The ailment is the same. It is the same asthma. But maybe it has become acute; the character and the ailment are the same,” Ibrahim said.
He added that the defence had not presented a medical document from LUTH showing that the hospital could not manage Kazeem’s condition.
“They said he was admitted, treated and discharged. We urge your Lordship to dismiss this application,” he said.
While acknowledging that bail was at the discretion of the court, Ibrahim said Kazeem was a flight risk and urged the judge to impose stringent conditions if the application was granted.
Responding, Etudo urged the court to grant bail on liberal terms, insisting that his client’s condition spoke for itself.
“The condition of the first defendant speaks for itself. We have heard what the prosecution said. We urge this court to grant this application on liberal terms,” he said.
He assured the court that Kazeem would attend subsequent proceedings if released, adding that his international passport was already in the custody of the authorities.
After hearing the parties’ arguments, Justice Kakaki adjourned ruling on the bail application to October 28, 2026.
