The Federal High Court in Lagos has refused the National Drug Law Enforcement Agency’s (NDLEA) request to suspend the enforcement of its earlier order directing the unsealing of Proxy Night Club in Victoria Island, Lagos.
This is according to proceedings and rulings delivered by Justice Lewis-Allagoa on Wednesday, following arguments from relevant parties.
The decision stems from a legal dispute arising from an NDLEA raid on the nightclub and subsequent attempts by the agency to secure interim forfeiture of the premises.
At the resumed hearing, counsel to the NDLEA, B. S. Abdullahi, urged the court to grant a stay of execution of its ruling ordering the unsealing of the nightclub.
He informed the court that the agency had filed a three-count criminal charge against the defendants, bordering on conspiracy, possession of hard drugs, and unlawfully allowing the premises to be used for a drug party.
The NDLEA argued that it had earlier approached the court on November 25, 2025, through a motion ex parte, seeking interim forfeiture of the nightclub on the grounds that it was allegedly used as an instrumentality of drug trafficking.
Although the court refused that application, the agency maintained that it had since filed notice of appeal against both the refusal of interim forfeiture and the subsequent unsealing order.
According to the prosecutor, 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.
Counsel to the defendants, Chikaosolu Ojukwu, SAN, opposed the application, relying on a counter-affidavit and urging the court to dismiss the motion for lack of merit.
He argued that the interim forfeiture application relied upon by the NDLEA had initially been filed before another judge, Justice Kakaki, but was withdrawn and struck out before being re-filed.
Ojukwu accused the NDLEA of “forum shopping by representing the same application before Justice Lewis-Allagoa”, where it was again refused.
He stressed that it remained 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.
He further contended that granting a stay of execution would unduly restrain his clients from carrying on a lawful business and would occasion “hardship to both the defendants and staff of the nightclub.”
After considering the submissions, Justice Lewis-Allagoa agreed with the defence and dismissed the NDLEA’s application for a stay of execution, holding that it lacked merit.
The ruling effectively affirms the subsisting order directing the unsealing of Proxy Night Club.
The ruling reinforces the court’s position on the constitutional presumption of innocence and the limits of interim forfeiture before the conclusion of a criminal trial.
The ruling reinforces the court’s position on the constitutional presumption of innocence and the limits of interim forfeiture before the conclusion of a criminal trial.
It also underscores judicial resistance to the continued sealing of business premises without a successful forfeiture order, especially where criminal liability has not yet been established.
For businesses and operators, the decision highlights the judiciary’s balancing of law enforcement objectives against the protection of lawful economic activity pending the outcome of criminal proceedings.
The case arose from a midnight raid carried out by the NDLEA on October 26, 2025, at Proxy Night Club, during which Lagos socialite Mike Eze Nwalie Nwogu, popularly known as Pretty Mike, and over 100 guests were arrested over alleged drug-related activities.
The defendants were granted bail on November 7, 2025, after pleading not guilty to the charges.
Justice Lewis-Allagoa had earlier refused to grant interim forfeiture of the nightclub, citing Section 36 of the Constitution and the presumption of innocence.
The matter has now been adjourned to February 9 and 10, 2026, for the continuation of the trial.