A Federal High Court in Abuja on Thursday 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, Justice James Omotosho held that the prosecution failed to establish its case beyond reasonable doubt. Kyari had been arraigned alongside his brothers, Mohammed Kyari and Ali Kyari, accused of swearing to false affidavits to conceal the origin of certain properties linked to him.
Justice Omotosho ruled that the NDLEA did not present sufficient evidence proving Kyari’s ownership of the properties cited in the charge. He explained that ownership of landed property under Nigerian law can be established through traditional history, valid title documents, acts of possession, or proof of possession connected with ownership—none of which were successfully demonstrated by the prosecution.
The court noted that the agency failed to prove Kyari’s ownership of a property at Fountain Estate, Kasana, said to belong to Ramatu Kyari, as well as other properties in Asokoro, Abuja, and Maiduguri, Borno State. Kyari maintained that the Maiduguri property was inherited from his late father, a claim the court said was not disproved.
The conspiracy allegations against Kyari’s brothers were also dismissed for lack of credible evidence. Justice Omotosho described the prosecution’s case as weak and concluded that it lacked the proof required to sustain the charges. He further observed that Kyari had served the country in various capacities and should not be subjected to persecution without convincing evidence.
Despite the acquittal, Kyari’s legal battles continue. He and four other policemen are still standing trial before Justice Emeka Nwite over alleged involvement in a cocaine trafficking case. Two suspected drug traffickers linked to that case, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were convicted and sentenced to two years imprisonment in 2022.
By Bimbo Adenrele, Abuja
