Justice James Omotosho of the Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets.
Kyari had been arraigned alongside his two brothers over allegations brought by the National Drug Law Enforcement Agency (NDLEA), which accused them of swearing to false affidavits in an attempt to conceal the ownership of certain properties.
Delivering judgment, Justice Omotosho held that the NDLEA failed to provide sufficient evidence to substantiate the allegations against the defendants, particularly claims relating to the non-declaration of landed properties.
The judge explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession by connection.
However, he noted that the prosecution failed to present any of these forms of evidence to prove that the properties located at Fountain Estate, Karsana, said to belong to Ramatu Kyari, were actually owned by Abba Kyari.
The court also ruled that the prosecution did not present material evidence linking Kyari to other properties allegedly located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
In his defence, Kyari maintained that the properties in Borno State belonged to his late father and were inherited by him and his siblings.
Justice Omotosho held that the prosecution failed to prove otherwise.
He further stated that the NDLEA acted in bad faith by charging Kyari’s brothers with conspiracy, an allegation that was not substantiated during the trial.
Describing the case as weak and lacking credible evidence, the judge discharged and acquitted the defendants.
Justice Omotosho added that Kyari had served the country well and should not be subjected to persecution.
