The Federal High Court in Abuja on Thursday dismissed a case filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Abba Kyari, Deputy Commissioner of Police, over allegations of non-disclosure of assets.
Delivering judgment, Justice James Omotosho dismissed the suit against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, after holding that the anti-narcotics agency failed to prove its case beyond reasonable doubt.
The judge held that the burden of proof in a criminal trial rests on the prosecution and ruled that the NDLEA did not sufficiently establish the allegations brought before the court.
Justice Omotosho described the case against the defendants as “persecution” and subsequently discharged and acquitted them of all the charges.
It would be recalled that the NDLEA had filed a 23-count charge against Kyari and his two brothers over the alleged failure to fully disclose their assets.
Kyari, a former head of the Police Intelligence Response Team (IRT), was accused by the agency of concealing ownership of several properties and financial assets.
According to the NDLEA, investigations uncovered 14 assets allegedly linked to Kyari, including shopping malls, a residential estate, a polo playground, lands and farmland.
The agency also alleged that the former police officer failed to disclose ownership of properties located in the Federal Capital Territory and Maiduguri.
Prosecutors further claimed that more than N207 million and €17,598 were discovered in Kyari’s bank accounts with Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
The NDLEA also accused the defendants of disguising the ownership of properties and converting funds, offences it said were punishable under relevant provisions of the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
However, Kyari and his brothers pleaded not guilty to all the counts during the trial.
Following the court’s ruling, the defendants were discharged and acquitted.
