Socialite Afolabi Kazeem Michael, popularly known as KC Luxury, has asked a Federal High Court judge in Lagos, Musa Kakaki, to withdraw from his ongoing trial over alleged cocaine trafficking and money laundering.
Michael’s lawyer, Emefo Etudo, filed the application on Monday, arguing that discrepancies in the court’s records and the alleged disappearance of a defence affidavit had undermined his client’s confidence in the proceedings.
KC Luxury is standing trial alongside Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch on a 22-count charge bordering on conspiracy to export 184.5 kilogrammes of cocaine to the United Kingdom and money laundering.
The defendants have pleaded not guilty to the charges.
The latest application follows the court’s October 28 decision to reject Michael’s bail request over the absence of a medical certificate supporting his health concerns.
Four days earlier, the socialite had been brought to the court premises in an ambulance while reportedly receiving oxygen.
At Monday’s proceedings, Etudo told the court that the record of proceedings did not capture the ruling delivered on October 28 on his client’s bail application.
He said efforts to obtain the relevant record from the court registry had been unsuccessful.
According to the lawyer, he was informed that the judge had yet to sign the ruling, a development he said could affect his client’s ability to exercise his right of appeal within the stipulated period.
Etudo also alleged that a reply affidavit filed by the defence was missing from the court records.
He expressed concern that the disappearance of the document could compromise the defence’s ability to rely on its evidence during the trial.
“The record of proceedings did not reflect that any ruling was made on October 28, 2026, by this honourable court,” the lawyer said.
He added: “And we don’t feel so safe that our evidence, like the reply affidavit that got missing, is safe in the court.”
The defence counsel argued that the alleged irregularities had eroded his client’s confidence in the proceedings and formed part of the basis for seeking the judge’s recusal.
Etudo also questioned the prosecution’s evidence, arguing that the documents presented so far did not establish a connection between the defendants and the alleged offences.
He said the defence intended to file a separate application challenging the sufficiency of the prosecution’s evidence but wanted the court to first determine the recusal request.
However, Ibrahim Abu, counsel to the prosecution, opposed the defence’s position, insisting that the matter was scheduled for trial and that the prosecution was ready to proceed.
Abu told the court that six prosecution witnesses were present but faulted the defence for failing to explain Michael’s absence from the proceedings.
He argued that the defence should have addressed the business scheduled for the day rather than raising concerns about the court’s conduct.
“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 said.
The prosecution counsel maintained that the court had treated all parties fairly and described allegations of judicial bias as serious.
He further argued that the rejection of a bail application, on its own, was insufficient grounds to establish that a judge was biased, particularly as the substantive trial had yet to commence.
Responding, Etudo told the court that his client’s health condition had deteriorated, adding that the socialite had lost confidence in the judicial process.
The lawyer challenged the prosecution to independently verify his client’s current health condition.
He also said his concerns were informed by a previous experience in which he lost an ailing client while the person was in custody.
The defence counsel maintained that the circumstances surrounding Michael’s detention warranted serious consideration.
Following the proceedings, the judge adjourned the case until November 25, 2026.
