By Gabriel Ameh
Justice James Omotosho of the Federal High Court, Abuja Division, has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari of a 23-count charge bordering on alleged non-declaration of assets.
The charges were filed by the National Drug Law Enforcement Agency (NDLEA).
Kyari was prosecuted alongside his two brothers, who were accused of swearing false affidavits in an alleged attempt to conceal the ownership and origin of certain properties.
Delivering judgment, Justice Omotosho held that the NDLEA failed to present sufficient and credible evidence to support its allegations against the defendants.
The judge noted that the prosecution’s case centred mainly on claims that Kyari failed to declare certain landed properties.
However, the court explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession through connection.
According to the court, the NDLEA did not present any documentary evidence proving that the properties located in Fountain Estate, Kasana, which were said to belong to Ramatu Kyari, were actually owned by Abba Kyari.
Justice Omotosho further ruled that the prosecution also failed to establish any material link between Kyari and other properties allegedly located at Linda Choko Road in Asokoro, Abuja, and Maiduguri in Borno State.
In his defence, Kyari told the court that the properties in Borno State belonged to his late father and were inherited by him and his siblings.
The judge held that the prosecution did not provide evidence to contradict this claim.
Justice Omotosho also criticised the charges brought against Kyari’s brothers, stating that the prosecution failed to establish the alleged conspiracy and appeared to have charged them in bad faith.
He subsequently discharged and acquitted all the defendants, describing the NDLEA’s case as weak and lacking substance.
