The Federal High Court in Abuja on Tuesday dismissed the no-case submission filed by suspended Deputy Commissioner of Police Abba Kyari and his two brothers in the criminal case instituted against them by the National Drug Law Enforcement Agency (NDLEA).
Kyari, alongside his brothers Mohammed and Ali, is facing 23 counts bordering on failure to fully disclose their assets, concealment of property ownership, and conversion of proceeds of crime — offences punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
NDLEA presents 10 witnesses, 20 exhibits
During the proceedings, the NDLEA called 10 witnesses and tendered 20 exhibits to support its case against the defendants.
However, Kyari and his brothers filed no-case submissions, arguing that the prosecution failed to establish a prima facie case that warranted them to open any defence.
Court dismisses no-case plea
Delivering his ruling, Justice James Omotosho held that the NDLEA had indeed established a prima facie case linking the defendants to the alleged offences.
“In view of all the exhibits and the evidence of the prosecution, the defendants need to offer explanations in this regard,” Justice Omotosho ruled.
He clarified that the ruling did not imply a finding of guilt but merely ensured that the defendants were given the opportunity to present their defence and enjoy their constitutional right to a fair hearing.
“The evidence of the prosecution has established sufficient grounds for this trial to proceed. A connection between the defendants and the alleged offences, no matter how slight, constitutes prima facie evidence,” the judge said.
“Holding that a prima facie case has been established does not imply guilt. It simply allows the defendants to exhaust their defence options before a final judgment.”
Defendants remain presumed innocent
Justice Omotosho reaffirmed that the defendants remain presumed innocent until proven guilty, stressing that the burden of proof rests on the prosecution to establish guilt beyond reasonable doubt, as required under Section 135(1) of the Evidence Act, 2011.
Kyari had earlier argued that the NDLEA failed to prove ownership of the properties in question, contending that transactions involving state land could only be proven through certified true copies of title documents under Section 128 of the Evidence Act.
The judge, however, ruled that the court was not required to evaluate the weight of evidence at this stage, but only to determine whether the prosecution’s case warranted a response.
“I have carefully examined the evidence presented by the prosecution. It points to the establishment of a prima facie case against the defendants, requiring them to proffer explanations or a defence, especially considering the gravity of the allegations,” Justice Omotosho said.
Consequently, the judge dismissed the no-case submissions and ordered Kyari and his brothers to open their defence.
“In the final analysis, the no-case submissions filed by the defendants cannot be upheld in the face of the evidence led by the prosecution. Consequently, the applications are overruled, and the defendants are hereby ordered to open their defence,” the court ruled.
Justice Omotosho granted the defendants three days to present their defence and adjourned the matter to November 4, 5, and 6 for continuation of trial.
