Afolabi Kazeem Michael, a socialite popularly known as KC Luxury, has asked Musa Kakaki, a judge at the Federal High Court in Lagos, to recuse himself from his ongoing coc#ine trafficking trial.
KC Luxury filed the recusal application through his lawyer, Emefo Etudo, on Monday.
KC Luxury is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22-count charge bordering on allegations of conspiring to export 184.5 kilogrammes of coc#ine to the United Kingdom (UK) and money laundering.
The defendants pleaded not guilty to the charges
On October 28, the court rejected Michael’s bail application over absence of a medical certificate to support his health concerns.
On October 23, the socialite was brought to the premises of the court in an ambulance while reportedly receiving oxygen.
THE RECUSAL APPLICATION
During Monday’s proceedings, Etudo said the court’s record of proceedings did not reflect the October 28 ruling on his client’s bail application.
The counsel said his repeated attempts to obtain a copy of the court’s record for October 28 from the registry had proved unsuccessful.
Etudo said he was informed that the judge had not signed the ruling, adding that the delay could affect his client’s right to appeal within the prescribed period.
He also claimed that a reply affidavit filed by the defence could not be found in the court records.
“The record of proceedings did not reflect that any ruling was made on October 28, 2026, by this honourable court,” the counsel ruled.
“And we don’t feel so safe that our evidence, like the reply affidavit that got missing, is safe in the court.”
The counsel said discrepancies in the court records had eroded the socialite’s confidence in the court.
Etudo also argued that the documents presented by the prosecution did not establish a connection between the defendants and the alleged offences.
The lawyer said he intended to file a separate application challenging the sufficiency of the evidence but wanted the court to first determine the recusal application.
PROSECUTION REJECTS BIAS CONCERN
However, while addressing the court, Ibrahim Abu, the prosecution counsel, said the case was scheduled for trial, arguing the defendant’s counsel failed to explain his client’s absence.
Abu said the prosecution had six witnesses in attendance and was ready to commence the trial.
“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,” he said.
The prosecution counsel said the court had been fair to all parties in the case, adding that allegations of judicial bias were serious.
Abu said the trial was yet to commence, adding that the refusal of the bail application alone cannot be used as a parameter for establishing bias.
‘MY CLIENT’S HEALTH HAS WORSENED’
Addressing the court, Etudo said his client’s health had deteriorated and that the socialite has lost confidence in the court.
The counsel challenged the prosecution to verify his client’s current health condition.
Etudo said his previous experience of losing an ailing client in custody informed his decision to raise the alarm over the risks of keeping the socialite in detention.
The judge adjourned the case to November 25, 2026.