A Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed by the National Drug Law Enforcement Agency (NDLEA).
Delivering judgment, Justice James Omotosho ruled that the prosecution failed to provide sufficient evidence to support the allegations against the defendants.
Kyari had been arraigned alongside two of his brothers, who were accused of swearing false affidavits in an alleged attempt to conceal the ownership and origin of certain properties.
However, the court held that the NDLEA could not establish that the properties allegedly omitted from Kyari’s asset declaration were actually owned by the suspended police officer.
Justice Omotosho explained that ownership of landed property can be proven through traditional history, valid title documents, acts of possession, or possession linked to ownership.
According to the judge, the prosecution did not present any of these forms of evidence to prove that properties located at Fountain Estate in Karsana, reportedly belonging to Ramatu Kyari, were owned by Kyari.
The court also ruled that the prosecution failed to present material evidence connecting the police officer to properties on Linda Choko Road in Asokoro, Abuja, as well as other properties in Maiduguri, Borno State.
In his defence, Kyari maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings. The court held that the prosecution failed to disprove this claim.
Justice Omotosho also faulted the decision to charge Kyari’s brothers with conspiracy, describing the allegation as baseless.
He concluded that the NDLEA’s case lacked credible evidence and described it as weak, noting that the defendant had served the country and should not be subjected to unjust persecution.
