A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari of a 23-count charge of alleged non-declaration of assets filed by the National Drug Law Enforcement Agency (NDLEA).
Justice James Omotosho dismissed the suit against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, ruling that the prosecution failed to prove its case beyond reasonable doubt.
The judge held that the burden of proof rested with the NDLEA, which it did not discharge.
Justice Omotosho described the case as “persecution” rather than prosecution, stating that none of the required forms of proof were presented to establish that the property in Fountain Estate, Kasana (allegedly belonging to Ramatu Kyari) was owned by the suspended officer.
He also faulted the conspiracy charge against Kyari’s brothers, saying it was not substantiated by evidence.
The judge described the prosecution’s case as weak and lacking credible proof, adding that Kyari had served the country and should not face persecution without convincing evidence.
Kyari was accused of failing to declare ownership of properties in various locations in the Federal Capital Territory, Abuja, and Maiduguri, Borno State.
The NDLEA also alleged that over N207 million and €17,598 were discovered in his accounts at Guaranty Trust Bank, United Bank for Africa, and Sterling Bank.
The charge, marked FHC/ABJ/CR/408/2022, accused them of “disguising ownership of properties and conversion of monies,” punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
Kyari and his brothers pleaded not guilty to all counts.
Kyari and four other suspended police officers are separately facing trial before Justice Emeka Nwite over alleged involvement in a cocaine deal.
Two drug traffickers in that case — Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — were convicted and sentenced to two years imprisonment in 2022.
