The Federal High Court in Abuja has dismissed the case filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police, Abba Kyari, over allegations of non-declaration of assets.
Delivering judgment on Thursday, Justice James Omotosho struck out the 23-count charge against Kyari and his younger brothers, Mohammed and Ali Kyari, ruling that the prosecution failed to establish its case beyond reasonable doubt. The court emphasized that the burden of proof rests on the prosecution, which it held had not been sufficiently discharged.
Justice Omotosho described the case as a “persecution” and consequently discharged and acquitted the defendants of all charges.
The NDLEA had accused Kyari, a former head of the Police Intelligence Response Team (IRT), and his brothers of failing to fully disclose their assets. The agency alleged that it uncovered 14 properties linked to Kyari, including shopping malls, a residential estate, a polo playground, lands, and farmland in Abuja and Maiduguri, Borno State.
The agency also claimed that over N207 million and €17,598 were traced to Kyari’s accounts in Guarantee Trust Bank, United Bank for Africa, and Sterling Bank.
Additionally, the defendants were accused of disguising ownership of properties and converting funds, offences said to be punishable under relevant provisions of the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
However, Kyari and his brothers pleaded not guilty to all the charges before the court ultimately cleared them.
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