Afolabi Kazeem Michael, popularly known as KC Luxury, has asked Justice Musa Kakaki of the Federal High Court in Lagos to withdraw from his trial, according to published court reports.
TheCable reported that his lawyer, Emefo Etudo, presented the application on Monday, November 2, raising concerns about access to court records and an allegedly missing defence affidavit.
Michael and his co-defendants face cocaine-trafficking and money-laundering allegations. They have pleaded not guilty.
Defence raises record concerns
According to TheCable, Etudo said attempts to obtain the record relating to an October 28 bail ruling had been unsuccessful.
He also alleged that a reply affidavit filed by the defence could not be found in the court records.
The lawyer argued that the difficulties could affect his client’s ability to appeal and had undermined confidence in the proceedings.
Prosecution disputes bias claim
Prosecutor Ibrahim Abu said the court had been fair to the parties, according to TheCable.
He argued that refusal of bail alone did not establish bias and said the prosecution had witnesses ready for trial.
Published accounts identify November 25 as the next date for consideration of the application.
IDNN has not inspected the application, certified proceedings or an order deciding the request. The material reviewed does not establish that Justice Kakaki has withdrawn from the case.