The Federal High Court sitting in Abuja on Thursday threw out a case instituted by the National Drug Law Enforcement Agency against suspended Deputy Commissioner of Police Abba Kyari over allegations of failure to declare his assets.

 

In a judgment delivered by Justice James Omotosho, the court ruled that the anti-drug agency failed to establish the allegations against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, beyond reasonable doubt as required by law.

 

The judge emphasized that in criminal proceedings, the responsibility of proving the allegations squarely rests on the prosecution. According to him, the NDLEA did not present sufficient evidence to support the claims contained in the charges.

 

Justice Omotosho went further to characterise the case brought against Kyari and his brothers as an act of “persecution,” noting that the evidence presented in court did not justify the charges filed against them.

 

Consequently, the court discharged and acquitted the three defendants, effectively bringing the matter to an end.

 

The case was initiated by the NDLEA against Kyari, a former head of the Police Intelligence Response Team (IRT), alongside his two brothers, on allegations relating to the non-declaration of assets.

 

The proceedings leading to the judgment followed the adoption of final written addresses by the counsel representing the parties involved. The NDLEA’s legal team, led by Sunday Joseph, presented arguments in support of the charges, while Kyari was represented by senior lawyer Onyechi Ikpeazu, SAN. Counsel to the two brothers, Monjok Agom, also argued against the allegations on behalf of his clients.

 

In the 23-count charge filed before the court, the NDLEA listed Abba Kyari, Mohammed Kyari and Ali Kyari as the first, second and third defendants respectively.

 

The agency alleged that the trio failed to fully declare their assets as required by law. According to the prosecution, investigations conducted by the NDLEA allegedly uncovered 14 properties linked to Kyari. These properties were said to include shopping malls, residential estates, parcels of land, farmland and even a polo playground.

 

The prosecution further alleged that some of the properties linked to Kyari were located in various parts of the Federal Capital Territory, Abuja, as well as in Maiduguri, Borno State, and that they were not disclosed in his official asset declaration.

 

In addition to the properties, the anti-narcotics agency claimed that financial investigations uncovered large sums of money in Kyari’s bank accounts. The NDLEA told the court that more than N207 million and €17,598 were found in accounts associated with him in several banks, including Guaranty Trust Bank, United Bank for Africa and Sterling Bank.

 

The agency also accused Kyari and his brothers of concealing ownership of certain properties and allegedly converting funds in a manner that violated financial transparency laws.

 

The charges, filed under suit number FHC/ABJ/CR/408/2022, alleged that the defendants engaged in acts that amounted to disguising the ownership of assets and illegally converting funds.

 

According to the NDLEA, the offences cited in the case were punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act as well as Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.

 

However, after reviewing the evidence presented by the prosecution and the arguments from both sides, the court concluded that the case had not been sufficiently proven.

 

Justice Omotosho therefore ruled in favour of the defendants, bringing the trial to a close with their discharge and acquittal.