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By Correspondent in Abuja.
Suspended DCP Abba Kyari is congratulated by friends and family shortly after the Federal High Court in Abuja delivered its judgment on Thursday.
The Federal High Court in Abuja on Thursday discharged and acquitted suspended DCP Abba Kyari and his brothers of a case filed by the National Drug Law Enforcement Agency (NDLEA) over allegations of non-disclosure of assets.
Justice James Omotosho, in his judgment, dismissed the charges against Kyari and his younger brothers, Mohammed and Ali Kyari, citing the NDLEA’s failure to prove its case beyond reasonable doubt.
“The defendants are still presumed innocent, and a heavy burden rests on the prosecution to establish their guilt beyond reasonable doubt. Failure to do so will see the defendants walk home free,” the judge said.
Describing the prosecution’s case as “watery” and “without basis in facts,” Justice Omotosho added:
“It is quite unfortunate that the 1st defendant, who had served this country bravely and competently handling dangerous assignments to ensure national security, would be arraigned on such a baseless charge.
“For a Nigerian to risk his life and then be rewarded with ridiculous allegations is baffling, to say the least.”
The judge criticized the NDLEA for conducting a shoddy investigation, noting that the prosecution “struggled badly to hang something on the defendants but failed miserably in the clear daylight of facts.”
He ruled that the defendants be discharged and acquitted of all counts, adding that the case “is gravely doubtful and lacks substance.”
The NDLEA had accused Kyari, one time head of the Police Intelligence Response Team (IRT), and his brothers of failing to declare 14 assets, including shopping malls, residential estates, a polo playground, lands, and farmland across the Federal Capital Territory and Maiduguri.
They were also alleged to have hidden over N207 million and €17,598 in various bank accounts.
Kyari and his brothers pleaded not guilty to the 23-count charge, which included allegations of “disguising ownership of properties and conversion of monies” under the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
The NDLEA called 10 witnesses and tendered at least 20 exhibits, but Kyari opted for a no-case submission after the prosecution closed its case, arguing that there was no evidence linking him to ownership of the alleged properties.
Kyari later opened his defense, insisting he had declared his assets and those of his wife in accordance with the law.
He denied ownership of some properties, clarifying that certain assets belonged to his late father, who had about 30 children, and refuted claims of owning a polo playground in Borno.
Justice Omotosho highlighted that evidence presented, particularly by the 9th prosecution witness, showed that some funds in Kyari’s accounts were transferred from the Central Bank of Nigeria for operational use by the IRT.
There was no evidence that Kyari used the funds for personal purposes or that any agency had complained about their use.
Regarding foreign currency in Kyari’s domiciliary account, he declared £7,000, which he said had remained from a transaction 10 years earlier related to his father’s medical treatment abroad. The prosecution did not provide evidence to challenge this claim.
“The prosecution did not prove that the foreign currencies in his account were unlawfully obtained or proceeds of money laundering. Without establishing these predicate offences, the counts have no legs to stand upon,” the judge ruled.
Justice Omotosho described the case as persecutory rather than prosecutorial.
It is worth noting that this case is separate from the ongoing NDLEA trial involving Kyari and other police officers over an alleged cocaine deal before Justice Emeka Nwite of the Federal High Court, Abuja.
Both cases were instituted by the NDLEA in 2022.
Edited by Dada Ahmed.
