A Federal High Court in Abuja has discharged and acquitted Abba Kyari, suspended deputy commissioner of police, of a 23-count charge of alleged non-declaration of assets brought by the National Drug Law Enforcement Agency (NDLEA).
The judgment was delivered on Thursday by Justice James Omotosho, who held that the prosecution failed to establish its case against Kyari and the other defendants.
Kyari was charged alongside his two brothers, Mohammed Kyari and Ali Kyari, who were accused of swearing false affidavits to conceal the origin of some property allegedly linked to the police officer.
Delivering the verdict, Justice Omotosho said:
“The prosecution did not present sufficient evidence to prove that the property cited in the charge belonged to Abba Kyari. Ownership of landed property can be proven through traditional history, title documents, acts of possession, or possession connected to ownership.
“None of these forms of proof was presented to show that the property located in Fountain Estate, Kasana, which is said to belong to Ramatu Kyari, was owned by the suspended police officer.”
The judge further noted that the prosecution failed to produce evidence linking Kyari to other properties referenced in the charges, including those located on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State
Kyari had told the court in his defence that the property in Borno belonged to his late father and was inherited by him and his siblings. Justice Omotosho said:
“The prosecution did not disprove this claim.”
On the conspiracy charges against Kyari’s brothers, the judge said:
“The allegation was not substantiated by evidence. The prosecution’s case is weak and lacks credible proof.”
Justice Omotosho also commended Kyari’s service to the country, adding:
“Abba Kyari has served the country and should not be subjected to persecution in the absence of convincing evidence.”
Meanwhile, Kyari and four other suspended police officers are facing a separate trial before Justice Emeka Nwite over alleged involvement in a cocaine deal. Two drug traffickers arrested in that case, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were convicted and sentenced to two years in prison in 2022
