A Federal High Court sitting in Abuja has discharged and acquitted suspended Deputy Commissioner of Police (DCP) Abba Kyari of a 23-count charge bordering on alleged non-declaration of assets.
Justice James Omotosho delivered the judgment on Friday, ruling that the National Drug Law Enforcement Agency (NDLEA) failed to present sufficient evidence to substantiate the allegations against the former police officer.
Kyari had been arraigned alongside his two brothers, who were accused of allegedly swearing false affidavits in an attempt to conceal the ownership and origin of certain properties said to be linked to him.
Court Faults NDLEA’s Evidence
Delivering judgment, Justice Omotosho held that the prosecution failed to provide credible proof establishing that the properties allegedly linked to Kyari were indeed owned by him.
The judge explained that the law clearly outlines several ways through which ownership of landed property can be established.
“Proving ownership of landed properties can be done through traditional history, title documents, acts of possession, or possession by connection,” the judge said.
However, the court ruled that none of these forms of evidence were convincingly presented before it during the trial.
Properties Not Linked to Kyari
The court specifically noted that the prosecution failed to prove that a property located at Fountain Estate, Kasana, which belongs to Ramatu Kyari, was owned by the suspended police officer.
Justice Omotosho also held that there was no material evidence linking Kyari to other properties located on Linda Choko Road in Asokoro, Abuja, as well as another property in Maiduguri, Borno State.
During the trial, Kyari had maintained that the Maiduguri property belonged to his father and was inherited by him and his siblings.
The court ruled that the prosecution failed to disprove this claim.
Court Clears Kyari’s Brothers
Justice Omotosho further ruled that the NDLEA did not establish any conspiracy involving Kyari’s brothers.
According to the court, the prosecution could not prove that they deliberately swore false affidavits to conceal the origin of the properties in question.
The judge therefore concluded that the charges were not supported by credible evidence.
Final Verdict
In its final ruling, the court described the prosecution’s case as weak and lacking sufficient proof.
Justice Omotosho consequently discharged and acquitted Abba Kyari and his brothers of all the charges brought against them.
The court also noted that the defendant had served the country and should not be subjected to persecution without credible evidence.
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