Former Vice-President Atiku Abubakar has promised to reopen Nigeria’s land borders and overhaul the country’s port network if elected president in 2027, and that easier cross-border trade and more efficient cargo movement would revive businesses, createproduce him before the court over allegations that he has been held for 14 days without a formal charge.
Justice Friday Ogazi issued the order on Thursday after hearing an ex parte application filed by Afolabi through his counsel, A. Labi-Lawal, SAN, under the Fundamental Rights (Enforcement Procedure) Rules 2009.
The court also gave the NDLEA five days to respond to the application and explain why the businessman should not be released or admitted to bail.
Afolabi was reportedly arrested by NDLEA operatives on August 13 at the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris.
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His father, Eric Afolabi, who swore to an affidavit supporting the application, alleged that his son had been held by the agency since the arrest without being told the specific offence for which he was detained or brought before a court.
The development has now placed the circumstances surrounding the arrest squarely before the judiciary, with the court expected to examine the competing claims of the applicant and the anti-narcotics agency.
Justice Ogazi directed Afolabi to serve the NDLEA with the motion, enrolled order and other accompanying processes within four working days. The agency is expected to file its response within five days of receiving the documents.
The judge also directed that Afolabi be brought before the court at the next sitting for the hearing of the substantive originating motion.
The case has been adjourned until September 9, 2026.
In the substantive application, the businessman is asking the court to declare his continued detention without a formal charge unconstitutional and contrary to his fundamental rights under the 1999 Constitution.
He is seeking immediate release or, alternatively, bail on liberal conditions pending the filing of any criminal charge against him.
Afolabi further alleged that NDLEA officers searched his residence at Movamo Court, Banana Island, Lagos, after his arrest without showing him or his family a search warrant.
According to the affidavit, nothing incriminating was recovered from the property.
The applicant also claimed that the operatives seized his iPhone 15 and demanded its password. He alleged that he was threatened with bodily harm when he declined to provide it.
He contended that the device contained private information belonging to him and his wife and that its examination did not reveal narcotics, drug transactions or communications linking him to a criminal offence.
Another contentious issue before the court is the alleged circulation of photographs and videos of Afolabi while in custody.
He claimed that the material portrayed him as a criminal despite the absence of a conviction. He described the alleged publication as an affront to his dignity and privacy and said it exposed him to embarrassment and public ridicule.
Afolabi is consequently seeking N100m in damages over the alleged publication of his photographs and videos. He is also demanding N50m over his alleged unlawful arrest and detention, as well as N40m for the alleged invasion of his home and telephone privacy.
The businessman is asking the court to order the return of several properties allegedly seized during the investigation. They include €8,000, £3,000, a blue-strap Patek Philippe Nautilus wristwatch, an Audemars Piguet wristwatch with three bangles, a Hermès handbag, a Hermès Birkin travel bag, a Louis Vuitton travel box, an iPhone 15, a Lexus RX350 and a 2024 Toyota Hilux.
He maintained that the assets were not purchased with proceeds from narcotics or any other criminal activity.
Afolabi also raised concerns about his health, stating that he suffers from severe asthma and requires medical attention which, he alleged, the detention facility has been unable to provide adequately. He told the court that he has a permanent address in Lagos, strong family and business connections in Nigeria and is willing to surrender his international passport as part of any bail arrangement.
The NDLEA, however, has connected the arrest to an investigation into the interception of 184.50kg of cocaine allegedly linked to an international drug trafficking network.
The agency reportedly claimed that the network used Nigeria as a transit route for cocaine shipments destined for the United Kingdom, Europe and Asia. It also linked the investigation to the seizure of foreign currencies and luxury items and to searches carried out in connection with the case.
The allegations have not been determined by the court, and Afolabi has not been convicted of any offence.
The September 9 hearing will therefore be significant. Beyond the immediate question of whether the influencer should be released or granted bail, the proceedings are expected to place the legality of his detention and the conduct complained of before the court for judicial scrutiny.
