The Federal High Court sitting in Lagos has refused an application by the National Drug Law Enforcement Agency (NDLEA) seeking to suspend the enforcement of its earlier order directing the unsealing of Proxy Night Club in Victoria Island, Lagos.
Justice Daniel Osiagor Lewis-Allagoa delivered the ruling on Wednesday, dismissing the NDLEA’s request for a stay of execution and affirming that the nightclub must be reopened pending the determination of the substantive criminal case.
The ruling followed arguments by counsel to the NDLEA, B. S. Abdullahi, who told the court that the agency had filed a three-count charge against the defendants bordering on conspiracy, possession of hard drugs and unlawfully allowing the premises to be used for a drug party. He said the agency had also lodged an appeal against the court’s earlier refusal to grant interim forfeiture of the nightclub and its subsequent unsealing order.
Abdullahi argued that allowing the club to reopen would render the appeal nugatory and urged the court to preserve the subject matter by granting a stay.
However, counsel to the defendants, Chikaosolu Ojukwu, SAN, opposed the application, describing it as lacking merit. He accused the NDLEA of forum shopping, noting that the interim forfeiture application was initially filed before Justice Musa Kakaki, withdrawn and struck out, before being re-filed and refused again.
Ojukwu argued that the prosecution still bore the burden of proving beyond reasonable doubt that the premises were used for drug-related activities, adding that continued closure of the nightclub would unjustly restrain a lawful business and cause hardship to its operators and employees.
In his ruling, Justice Lewis-Allagoa agreed with the defence, holding that the application for stay of execution was unmeritorious. The court held that the subsisting order directing the unsealing of Proxy Night Club remains valid and enforceable.
The judge also granted an order for substituted service of Form 48 (Notice of Consequences of Disobedience of Court Order) on the Chairman of the NDLEA and warned the agency to comply fully and promptly with the court’s orders.
The case arose from a midnight raid carried out by the NDLEA on October 26, 2025, at Proxy Night Club, during which 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.
Justice Lewis-Allagoa had earlier refused an application for interim forfeiture of the nightclub, citing the constitutional presumption of innocence. The matter was adjourned to February 9 and 10, 2026, for continuation of trial.
