By Peter Omopo
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 filed against him by the National Drug Law Enforcement Agency (NDLEA).
Abba Kyari was charged alongside his two brothers who were accused of swearing to false affidavits to conceal the origin of some properties allegedly linked to the suspended police officer.
Delivering judgment, Justice Omotosho held that the NDLEA failed to provide sufficient evidence to prove its case against the defendants, particularly regarding allegations of non-declaration of landed properties.
The court explained that ownership of landed property can be established through traditional history, title documents, acts of possession or possession through connection.
However, the prosecution failed to provide any of these documents to prove that the properties located at Fountain Estate, Kasana, which were said to belong to Ramatu Kyari, were actually owned by Abba Kyari.
The court also held that the prosecution failed to present material evidence linking Kyari to properties located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
During his defence, Kyari told the court that the properties in Borno State belonged to his father and were inherited by him and his siblings.
Justice Omotosho noted that the prosecution did not provide any evidence to contradict the claim.
The court further ruled that Kyari’s brothers were charged in bad faith over allegations of conspiracy, which the prosecution also failed to establish.
Consequently, the court held that the NDLEA’s case lacked substance and failed to meet the required standard of proof.
Justice Omotosho added that the defendant had served the country and should not be subjected to persecution without credible evidence, leading the court to discharge and acquit Kyari and the other defendants of all charges.
