The Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers in a 23-count charge filed against them by the National Drug Law Enforcement Agency (NDLEA) over alleged non-declaration of assets.
Justice James Omotosho, who delivered the judgment, held that the prosecution failed to establish the case against the defendants, describing the evidence presented by the NDLEA as “watery”.
The charges bordered on alleged failure to declare certain assets, including landed properties, as well as accusations of conspiracy and swearing false affidavits to conceal the origin of the properties.
The judge ruled that the prosecution did not provide documents or proof linking Kyari to the disputed properties listed in the charge.
The properties include those located in Fountain Estate, Kasa, reportedly listed under Ramatu Kyari, as well as others on Linda Chuko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
Omotosho explained that ownership of landed property could be established through title documents, traditional history, acts of possession, or possession by connection.
According to him, the prosecution failed to present any of these forms of proof to establish ownership.
During the trial, Kyari maintained that the properties in Borno belonged to his late father and were inherited by him and his siblings.
The court also faulted the inclusion of Kyari’s brothers in the conspiracy charge, stating that the prosecution failed to substantiate the allegation and describing their inclusion as being in bad faith.
Omotosho added that the defendants had served the country and should not face persecution without credible evidence.
The case relates specifically to allegations of non-declaration of assets and related financial offences brought by the NDLEA.
However, the court noted that other legal proceedings involving Kyari, including the drug trafficking case linked to alleged cocaine dealings, are separate matters and may continue independently.
