The Federal High Court in Abuja on Thursday dismissed a case filed by the National Drug Law Enforcement Agency against suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers over alleged non-declaration of assets.
Justice James Omotosho discharged and acquitted Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, ruling that the prosecution failed to prove the allegations beyond reasonable doubt.
The judge held that the burden of proof lies with the prosecution, adding that the NDLEA failed to sufficiently establish its claims before the court. Justice Omotosho further described the case against the defendants as “persecution.”
The NDLEA had filed a 23-count charge against the trio, accusing them of failing to fully disclose their assets and disguising ownership of properties and funds.
According to the agency, investigations uncovered about 14 assets allegedly linked to Kyari, including shopping malls, residential estates, a polo playground, parcels of land and farmlands located in Abuja and Maiduguri, Borno State.
The NDLEA also alleged that more than N207 million and €17,598 were found in various bank accounts belonging to Kyari in Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
The charges, marked FHC/ABJ/CR/408/2022, were said to contravene provisions of the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
However, Kyari and his brothers pleaded not guilty to all the charges.
After hearing arguments from NDLEA counsel Sunday Joseph, Kyari’s lawyer Onyechi Ikpeazu (SAN), and counsel to the second and third defendants, Monjok Agom, the court dismissed the case and cleared the defendants of all allegations.
