Court Upholds Unsealing Order, Denies NDLEA’s Stay of Execution Request
In a significant legal ruling, the Federal High Court in Lagos has refused an application by the National Drug Law Enforcement Agency (NDLEA) to suspend the enforcement of its order to unseal Proxy Night Club in Victoria Island. Presiding Judge Justice Lewis-Allagoa delivered the decision on Wednesday, dismissing the agency’s request for a stay of execution and reinforcing judicial oversight of interim forfeiture powers.
The dispute originated from an NDLEA raid on the nightclub and subsequent legal actions. NDLEA counsel, B. S. Abdullahi, urged the court to grant the stay, arguing that the agency had filed a three-count criminal charge against the defendants for conspiracy, possession of hard drugs, and allowing the premises to be used for a drug party. Abdullahi contended that unsealing the club could render their appeal against the earlier unsealing order “nugatory.” He referenced a prior, refused motion for interim forfeiture filed on November 25, 2025, alleging the club was used as an instrumentality of drug trafficking.
Opposing the application, defense counsel Chikaosolu Ojukwu, SAN, accused the NDLEA of “forum shopping,” noting that a similar forfeiture application had been withdrawn before one judge and re-filed before Justice Lewis-Allagoa, where it was also refused. Ojukwu stressed that the prosecution must prove its criminal charges at trial and that granting a stay would unjustly restrain a lawful business, causing hardship to the defendants and staff. This principle of presumed innocence remains paramount, much like the scrutiny seen when the US revokes over certain immigration statuses or when the Labour Party Obidients movement discusses legal accountability.
Justice Lewis-Allagoa, after considering arguments from both sides, dismissed the NDLEA’s application for lacking merit. The ruling underscores the court’s position on limiting pre-trial asset restraints and emphasizes that the sealing of business premises cannot be indefinite without a successful forfeiture order. This judicial resistance to prolonged closures without conviction highlights the balance between enforcement and economic activity, a concern also relevant to a thriving manufacturing sector tops in economic contributions. The decision stands in contrast to more absolute administrative actions, such as when the US halts asylum processing, and differs from commercial transitions like when a notable entity such as Pele’s brand acquired new ownership. The court’s focus remains firmly on due process and the specific facts of the case before it.
