ENUGU, Nigeria (VOICE OF NAIJA)- The Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, and his two younger brothers over allegations of non-declaration and concealment of assets.
Justice James Omotosho dismissed the 23-count charge filed by the National Drug Law Enforcement Agency (NDLEA), holding that the prosecution failed to prove its case beyond reasonable doubt.
In a strongly worded ruling, the judge described the case as “persecution,” stressing that the burden of proof rests squarely on the prosecution a burden he said the anti-narcotics agency did not discharge.
The court consequently cleared Kyari alongside his brothers, Mohammed Kyari and Ali Kyari, who were listed as first to third defendants in the suit marked FHC/ABJ/CR/408/2022.
The NDLEA had alleged that the former head of the Police Intelligence Response Team (IRT) and his siblings failed to make full disclosure of their assets and disguised ownership of several properties.
According to the agency, investigations uncovered 14 properties allegedly linked to Kyari, including shopping malls, residential estates, a polo playground, lands and farmland in Abuja and Maiduguri, Borno State.
READ ALSO JUST IN: Abba Kyari Granted Temporary Bail
The prosecution further alleged that over N207 million and €17,598 were traced to accounts linked to Kyari in Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
NDLEA accused the defendants of disguising ownership of properties and converting funds, arguing that the offences were punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
However, the defendants pleaded not guilty to all counts.
At the hearing, counsel to the NDLEA, Sunday Joseph, alongside Kyari’s lawyer, Onyechi Ikpeazu (SAN), and counsel to his brothers, Monjok Agom, adopted their final written addresses and urged the court to rule in their favour.
Delivering judgment, Justice Omotosho held that the prosecution failed to establish the essential ingredients of the offences charged and therefore could not sustain the case.
With the ruling, the court formally discharged and acquitted the defendants of all charges.