A Federal High Court in Abuja has discharged and acquitted former Deputy Commissioner of Police Abba Kyari of a 23-count charge bordering on alleged non-declaration of assets.
Delivering judgment on Thursday, Justice James Omotosho ruled that the National Drug Law Enforcement Agency (NDLEA) failed to provide sufficient evidence to prove the allegations against Kyari.
Kyari had been arraigned alongside his two brothers, who were accused of swearing false affidavits in an alleged attempt to conceal the origin of certain properties.
In his ruling, Justice Omotosho held that the prosecution’s case largely revolved around claims that Kyari failed to declare several landed properties. However, he noted that the agency did not present any documentary evidence to establish that the properties were owned by the suspended police officer.
According to the judge, ownership of landed property can be proven through traditional history, title documents, acts of possession, or possession connected to the owner, none of which the prosecution presented.
The court specifically found that the NDLEA failed to prove that properties located in Fountain Estate, Kasana, said to belong to Ramatu Kyari, were actually owned by Abba Kyari.
Justice Omotosho also ruled that the prosecution could not link Kyari to other properties at Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
During his defense, Kyari told the court that the Borno properties belonged to his late father and were inherited by him and his siblings. The judge held that the prosecution failed to disprove the claim.
The court further faulted the charges against Kyari’s brothers, stating that the prosecution accused them of conspiracy in bad faith and failed to establish the allegation.
Justice Omotosho ultimately described the NDLEA’s case as weak and lacking substance, leading to the acquittal of all the defendants.
The Nigerian news sphere recalls in February 2022 that Abba Kyari was arrested by NDLEA for drug-related offenses.
