The Federal High Court in Abuja on Thursday dismissed a suit filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police, Abba Kyari, over alleged non-declaration of assets.
Justice James Omotosho discharged and acquitted Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, after ruling that the prosecution failed to prove its case beyond reasonable doubt.
Delivering judgment, the court held that the burden of proof in criminal matters rests with the prosecution, adding that the anti-narcotics agency did not sufficiently establish the allegations against the defendants.
Justice Omotosho further described the case as “persecution” and consequently dismissed the charges against the trio.
The NDLEA had filed a 23-count charge against Kyari, a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, and his brothers, accusing them of failing to fully declare their assets.
The agency alleged that investigations uncovered about 14 properties linked to Kyari, including shopping malls, a residential estate, a polo playground, parcels of land and farmland.
According to the prosecution, the properties were located in parts of the Federal Capital Territory and Maiduguri in Borno State.
The NDLEA also alleged that more than N207 million and €17,598 were found in accounts linked to Kyari in Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
In the charge marked FHC/ABJ/CR/408/2022, the agency further accused the defendants of disguising ownership of properties and converting funds.
The offences were said to be punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act.
However, Kyari and his brothers pleaded not guilty to all the counts.
Before the judgment, counsel to the NDLEA, Sunday Joseph, alongside Kyari’s lawyer, Onyechi Ikpeazu (SAN), and counsel to the other defendants, Monjok Agom, had adopted their final written addresses and argued for and against the charges.
