A federal high court in Abuja has discharged and acquitted Abba Kyari, the suspended deputy commissioner of police, of a 23-count charge bordering on alleged non-declaration of assets brought against him by the National Drug Law Enforcement Agency (NDLEA).
In a judgment delivered on Thursday, Justice James Omotosho ruled that the prosecution failed to prove the allegations against Kyari and the other defendants named in the case.
Kyari had been arraigned alongside his two brothers, Mohammed Kyari and Ali Kyari, who were accused of swearing false affidavits allegedly intended to conceal the origin of certain properties said to be linked to the embattled police officer.
While delivering the judgment, the presiding judge held that the NDLEA failed to present credible evidence establishing that the properties listed in the charge were owned by Kyari.
Justice Omotosho explained that under the law, ownership of landed property can be established through traditional history, documentary title, acts of possession, or proof of possession connected with ownership.
According to him, none of these legal requirements was satisfied by the prosecution during the trial.
The court noted that the prosecution could not demonstrate that a property located at Fountain Estate, Kasana — reportedly belonging to Ramatu Kyari — was actually owned by the suspended police officer.
Similarly, the judge said there was no credible evidence linking Kyari to other properties mentioned in the charge, including those situated on Linda Choko Road in the Asokoro district of Abuja, as well as properties in Maiduguri, Borno State.
During the trial, Kyari had maintained that the property located in Borno belonged to his late father and was inherited by him and his siblings.
Justice Omotosho held that the prosecution failed to disprove that claim or provide contrary evidence showing otherwise.
The judge also dismissed the allegation of conspiracy brought against Kyari’s brothers, Mohammed Kyari and Ali Kyari, ruling that the charge was not supported by any convincing proof.
He described the entire case presented by the prosecution as weak and lacking in credible evidence.
Justice Omotosho further observed that Kyari had served the country and should not be subjected to persecution where the allegations against him were not backed by convincing evidence.
Despite the acquittal in the asset declaration case, Kyari is still facing a separate criminal trial before Justice Emeka Nwite over allegations relating to a cocaine trafficking case.
The suspended police officer and four other officers are currently being prosecuted over their alleged involvement in a drug deal.
In the course of that investigation, two suspected drug traffickers — Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — were convicted in 2022 and sentenced to two years’ imprisonment.
