A Federal High Court sitting 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 brought against him by the National Drug Law Enforcement Agency (NDLEA).
Delivering judgment on Thursday, Justice James Omotosho held that the prosecution failed to provide sufficient and credible evidence to prove the allegations against Kyari and his two brothers, who were also standing trial for allegedly swearing to false affidavits to conceal the ownership of certain properties.
The court specifically ruled that the NDLEA did not successfully link Kyari to properties allegedly located at Fountain Estate, Kasana, said to belong to Ramatu Kyari. The prosecution also failed to present evidence connecting the suspended police officer to other properties allegedly situated on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
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Justice Omotosho explained that ownership of landed property could be established through traditional history, title documents, possession, or other verifiable legal evidence. He noted that the prosecution failed to provide any of these materials to prove that the properties were truly owned by the defendant.
The court further accepted Kyari’s defence that properties in Maiduguri belonged to his late father and were inherited by him and his siblings. The prosecution failed to successfully challenge this claim during the trial.
The judge also dismissed the conspiracy charges against Kyari’s brothers, describing the prosecution’s case as weak and unsubstantiated. He concluded that the NDLEA’s case lacked merit and consequently discharged and acquitted all defendants on all 23 counts.
