The Federal High Court sitting in Abuja has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari and his two brothers in a 23-count charge filed by the National Drug Law Enforcement Agency (NDLEA).
Delivering judgment on Thursday, Justice James Omotosho ruled that the prosecution failed to provide sufficient evidence to support allegations of non-declaration of assets, conspiracy, and swearing false affidavits to conceal the origins of certain properties.
The charges centred on claims that Kyari did not properly declare several landed properties allegedly linked to him, including those located in Fountain Estate in Abuja, a property listed under Ramatu Kyari in Kasa, another along Linda Chuko Road in Asokoro, and additional properties in Maiduguri, Borno State.
Justice Omotosho described the evidence presented by the prosecution as “watery,” stating that no documents or credible proof were submitted to establish that the properties belonged to Kyari.
The judge explained that ownership of landed property can be proven through traditional history, valid title documents, acts of possession, or possession by connection, but none of these was provided by the NDLEA during the trial.
Kyari had earlier argued in his defence that the properties located in Borno State belonged to his late father and were inherited by him and his siblings.
The court also faulted the inclusion of Kyari’s brothers in the conspiracy charges, describing the move as being made in bad faith since the prosecution failed to present any evidence linking them to the alleged offences.
Justice Omotosho further remarked that the defendants had served the country and should not face persecution without credible proof.
The ruling, however, applies specifically to the asset declaration and related financial allegations brought by the NDLEA.