The Federal High Court sitting in Abuja has dismissed a suit filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police, Abba Kyari, over alleged non-disclosure of assets.
In a judgment delivered, Justice James Omotosho discharged and acquitted Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, after holding that the prosecution failed to prove its case beyond a reasonable doubt.
The judge ruled that the burden of proof in a criminal matter rests squarely on the prosecution, stressing that the anti-narcotics agency did not provide sufficient evidence to establish the allegations against the defendants.
Justice Omotosho further described the case against Kyari and his brothers as “persecution,” before ordering their discharge and acquittal.
The NDLEA had filed a 23-count charge against Kyari, a former head of the Police Intelligence Response Team (IRT), and his two brothers over alleged failure to fully disclose their assets.
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During the proceedings, counsel to the NDLEA, Sunday Joseph, alongside Kyari’s lawyer, Onyechi Ikpeazu, SAN, and counsel to the second and third defendants, Monjok Agom, adopted their respective processes and presented arguments for and against the charge before the court delivered its ruling.
In the charge marked FHC/ABJ/CR/408/2022, the NDLEA alleged that Kyari and his brothers concealed ownership of about 14 assets, including shopping malls, residential estates, a polo playground, parcels of land and farmland.
The agency also claimed that Kyari failed to disclose several properties located in the Federal Capital Territory, Abuja, and in Maiduguri, Borno State.
According to the prosecution, investigations uncovered over ₦207 million and €17,598 in Kyari’s accounts with Guarantee Trust Bank, United Bank for Africa and Sterling Bank.
The NDLEA further accused the defendants of disguising ownership of properties and converting funds, offences it said were punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
However, Kyari and his brothers had pleaded not guilty to all the counts.
