The Federal High Court in Lagos has declined the National Drug Law Enforcement Agency’s request to suspend the enforcement of its earlier order mandating the unsealing of Proxy Night Club in Victoria Island.
Delivering the ruling on Wednesday, Justice Lewis-Allagoa considered arguments from all parties involved before dismissing the agency’s application.
The dispute arose following an NDLEA raid on the nightclub and the agency’s efforts to secure interim forfeiture of the premises.
During the resumed hearing, NDLEA’s counsel, B. S. Abdullahi, urged the court to grant a stay of execution of the unsealing order. He explained that the agency had filed a three-count criminal charge against the defendants, including conspiracy, possession of hard drugs, and unlawfully permitting the premises to be used for a drug party.
Abdullahi noted that the agency had earlier applied on November 25, 2025, through a motion ex parte for interim forfeiture of the nightclub, claiming it was being used as an instrumentality of drug trafficking.
Although the court rejected that application, the NDLEA argued that it had filed a notice of appeal against both the refusal of interim forfeiture and the unsealing order.
The prosecutor said, “granting the stay was necessary to preserve the subject matter of the appeal, as allowing the unsealing of the club could render the appeal nugatory.”
Opposing arguments and Court decision
Counsel to the defendants, Chikaosolu Ojukwu, SAN, opposed the motion, relying on a counter-affidavit and urging the court to dismiss it for lack of merit.
Ojukwu highlighted that the interim forfeiture application initially filed before Justice Kakaki had been withdrawn and struck out before being refiled. He accused the NDLEA of “forum shopping by representing the same application before Justice Lewis-Allagoa,” which was again refused.
He further argued, “It remains the duty of the prosecution to prove, beyond reasonable doubt at trial, that the premises were used for a drug party and that prohibited substances were recovered there.” Ojukwu added that granting a stay of execution would unduly restrain his clients from conducting lawful business and would cause “hardship to both the defendants and staff of the nightclub.”
After reviewing the submissions, Justice Lewis-Allagoa sided with the defence, dismissing the NDLEA’s application for lacking merit. The ruling thereby upholds the existing order directing the unsealing of Proxy Night Club.
The judgment reinforces the constitutional presumption of innocence and sets limits on interim forfeiture prior to the conclusion of criminal trials.
It also emphasizes the judiciary’s resistance to keeping business premises sealed without a successful forfeiture order, particularly where criminal liability has not been proven.
For business owners, the decision underscores the court’s careful balancing of law enforcement objectives against the protection of lawful economic activity while criminal proceedings are ongoing.
In a related move, the court granted an order for substituted service, directing that Form 48 (Notice of Consequences of Disobedience of Court Order) be served on the NDLEA Chairman through alternative means.
Justice Lewis-Allagoa further warned the agency’s Chairman to ensure “full and prompt compliance with the subsisting court orders,” especially regarding the unsealing of Proxy Night Club.
The case traces back to a midnight NDLEA raid on October 26, 2025, at Proxy Night Club, where Lagos socialite Mike Eze Nwalie Nwogu, popularly known as Pretty Mike, and over 100 guests were arrested for alleged drug-related offences. The defendants were granted bail on November 7, 2025, after pleading not guilty.
Justice Lewis-Allagoa had previously refused to grant interim forfeiture of the nightclub, citing Section 36 of the Constitution and the presumption of innocence. The trial is now scheduled to continue on February 9 and 10, 2026.
