By Correspondent in Abuja.
The Federal High Court in Abuja, on Tuesday, dismissed the no-case submission filed by suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers in the criminal case instituted against them by the National Drug Law Enforcement Agency (NDLEA).
Delivering the ruling, Justice James Omotosho held that the NDLEA had established a prima facie case against the defendants, warranting them to enter their defence.
According to the judge, the evidence presented by the prosecution was sufficient to require explanations from the defendants.
“In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in these regards,” Justice Omotosho said.
He, however, clarified that the ruling did not imply that the defendants were guilty of the alleged offences but that they must be given the opportunity to defend themselves in line with the constitutional right to fair hearing.
“The evidence of the prosecution has founded sufficient ground for proceeding with this trial. A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence,” he said.
Justice Omotosho added that the defendants remained presumed innocent until proven guilty, adding that the prosecution still bore the burden of proving the charges beyond reasonable doubt, as provided under Section 135(1) of the Evidence Act, 2011.
The NDLEA, in a 23-count charge marked FHC/ABJ/CR/408/2022, accused Kyari and his brothers, Mohammed and Ali,of failing to make full disclosure of their assets, disguising ownership of properties, and converting proceeds of unlawful activities.
The offences, according to the agency, contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
The prosecution called 10 witnesses and tendered 20 exhibits before closing its case. Kyari and his co-defendants then filed a no-case submission, arguing through their counsel, Dr. Obinna Onyia, that the NDLEA failed to prove ownership of the alleged properties.
Citing Section 128 of the Evidence Act, Kyari contended that ownership of state land could only be proven by certified true copies of title documents, which the NDLEA did not produce.
However, Justice Omotosho ruled that the court would not at this stage evaluate the evidence in detail but noted that, on the whole, the prosecution had established a case requiring the defendants’ response.
“The evidence before the court points to the establishment of a prima facie case against the defendants. They must proffer explanations or defences to the allegations, especially considering the seriousness of the offences, as their liberty is at stake,” the judge said.
He subsequently overruled the no-case submission and ordered the defendants to open their defence within three days.
The case was adjourned to November 4, 5, and 6 for the continuation of the defence.
Edited by Dada Ahmed.
