At the resumed hearing, a correctional officer informed the court that Kazeem was critically ill and had been hospitalised, prompting the court to hear from the nurse attending to him.
The nurse, Bukki Yahya of the Police Hospital, Falomo, Lagos, told Justice Musa Kakaki that the defendant could not be brought into the courtroom because he was receiving oxygen inside the ambulance parked on the court premises.
Yahya said Kazeem was admitted to the hospital on October 7, 2026, and diagnosed with asthma and sepsis.
“My Lord, I am Bukki Yahya, the nurse attending to the patient, Afolabi. He was diagnosed with asthma and sepsis when he was brought to the Police Hospital, Falomo.
“He is inside the ambulance on the court premises, but we can’t move him here because he is with oxygen,” she said.
Following the testimony, Kazeem’s lawyer, Emefo Etudo, questioned why his client had been brought to court in such a condition.
“If, for instance, the defendant was in the intensive care unit and is like this, why should they bring him to court?” he asked.
Justice Kakaki subsequently ordered that Kazeem be returned to the hospital, saying, “You can take him back to the hospital.”
Kazeem is being tried alongside two other defendants, Boniface Freeman Ochoche Sule and Ikechukwu Ekugo Patriarch, over alleged trafficking of 184.5kg of cocaine and money laundering.
After the court ordered his return to the hospital, Etudo proceeded with the bail application dated October 16, 2026, seeking his client’s release to enable him to obtain specialised medical treatment at the Lagos University Teaching Hospital (LUTH).
The lawyer told the court that the defence had filed an affidavit of urgency, a 21-paragraph affidavit in support of the application, a written address and relevant exhibits. He added that a reply to the prosecution’s counter-affidavit was filed on October 22.
Etudo argued that Kazeem’s health had deteriorated, particularly following what he described as a collapse of the lungs, which he said was disclosed by the Police Hospital, Falomo.
According to the lawyer, the police hospital transferred his client to LUTH because it lacked the facilities required to perform surgery for his condition.
He alleged that Kazeem was subsequently taken away from LUTH and moved to a correctional centre on October 13, despite his medical condition.
Etudo further claimed that Kazeem’s condition worsened while he was being transported to the correctional centre, forcing those accompanying him to return him to the Police Hospital, Falomo, where he was admitted to the intensive care unit.
The lawyer urged the court to grant bail on medical grounds, arguing that his client’s deteriorating condition justified his release.
Opposing the application, prosecution counsel, Abu Ibrahim, said the prosecution had filed an 11-paragraph counter-affidavit sworn to by Ebuka Okwonkwo on October 22.
Ibrahim argued that the defence was revisiting issues already considered by the court in its October 2 pronouncement concerning Exhibit AK2, submitting that the matter should have been challenged through an appeal rather than a fresh application.
He also contended that the medical evidence presented by the defence was insufficient to justify granting bail.
“Your Lordship looked at the application. The ailment is the same. It is the same asthma. But maybe it has become acute; the character and the ailment are the same,” Ibrahim said.
The prosecutor added that the defence had not presented a medical document from LUTH showing that the hospital was unable to manage Kazeem’s condition.
“They said he was admitted, treated and discharged. We urge your Lordship to dismiss this application,” he said.
While acknowledging that bail was at the court’s discretion, Ibrahim described Kazeem as a flight risk and urged the judge to impose stringent conditions if the application was granted.
In his response, Etudo urged the court to grant bail on liberal terms, maintaining that his client’s condition was evident.
“The condition of the first defendant speaks for itself. We have heard what the prosecution said. We urge this court to grant this application on liberal terms,” he said.
He assured the court that Kazeem would attend future proceedings if released, adding that his international passport was already in the custody of the authorities.
Justice Kakaki adjourned ruling on the bail application to October 28, 2026.
In his response, Etudo urged the court to grant bail on liberal terms, maintaining that his client’s condition was evident.
“The condition of the first defendant speaks for itself. We have heard what the prosecution said. We urge this court to grant this application on liberal terms,” he said.
He assured the court that Kazeem would attend future proceedings if released, adding that his international passport was already in the custody of the authorities.
Justice Kakaki adjourned ruling on the bail application to October 28, 2026.
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