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The Federal High Court in Lagos has dismissed an application by the National Drug Law Enforcement Agency (NDLEA) seeking to stop the reopening of Proxy Night Club in Victoria Island and has ordered that contempt proceedings be served on the Chairman of the agency through substituted means.
Justice Lewis-Allagoa, in a ruling delivered on Wednesday, refused the NDLEA’s motion for a stay of execution of the court’s December 5, 2025, order directing that the nightclub be unsealed and reopened pending the determination of an appeal.
The NDLEA had filed the application on December 10, 2025, supported by a 13-paragraph affidavit and notices of appeal. The defendants opposed the motion with a counter-affidavit, urging the court to dismiss it.
In his ruling, Justice Lewis-Allagoa said he had carefully reviewed the affidavits, notices of appeal, the charge, and submissions of counsel. He noted that the law requires an applicant seeking a stay of execution to demonstrate special and exceptional circumstances.
According to the judge, the NDLEA failed to meet this threshold. He further held that while the agency sought to stay the execution of the December 5 ruling, it did not apply to stay the earlier November 28, 2025, decision upon which the later order was based.
The court described this omission as a “crucial lapse” and ruled that it was fatal to the application.
Justice Lewis-Allagoa also found that the motion was tainted by abuse of court process and forum shopping, which he said had been admitted by the prosecution during proceedings on November 28, 2025, as reflected in the court’s record.
He added that a careful examination of the notices of appeal did not disclose any substantial grounds capable of justifying a stay of execution. Although the appeal was designated as a fast-track matter, the judge observed that the prosecution had been indolent in ensuring the timely compilation of records.
“In the final analysis,” the judge held, “the motion seeking a stay of execution of the ruling of 5th December 2025 is accentuated in bad faith, bereft of merit, and lacking in substance.” The application was accordingly dismissed.
Background of the Case
The case arose from a midnight raid carried out by the NDLEA on October 26, 2025, at Proxy Night Club. During the operation, Lagos socialite Mike Nwogu, popularly known as Pretty Mike, and over 100 guests were arrested over alleged drug-related activities.
The defendants were later arraigned on drug-related charges, which they denied, and were granted bail on November 7, 2025.
Following the raid, the NDLEA filed a motion ex parte on November 28, 2025, seeking the interim forfeiture of the nightclub on the grounds that it was allegedly used as an instrumentality of drug dealing.
Justice Lewis-Allagoa refused the application, citing the constitutional presumption of innocence under Section 36 of the 1999 Constitution (as amended), and subsequently ordered the unsealing of the property.
Contempt Proceedings
In a related development on Wednesday, the court granted an order of substituted service directing that Form 48 — the notice of consequences of disobedience of a court order — be served on the Chairman of the NDLEA.
Justice Lewis-Allagoa also admonished the NDLEA Chairman to comply fully and promptly with the subsisting court orders regarding the unsealing of Proxy Night Club.
The case was adjourned to February 9 and 10, 2026, for the continuation of trial.
