Justice James Omotosho of the Federal High Court in Abuja has discharged and acquitted Abba Kyari, a suspended Deputy Commissioner of Police, of a 23-count charge bordering on the alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency (NDLEA).
Kyari was charged alongside his two brothers, who were accused of swearing to false affidavits in an alleged attempt to conceal the origin of some properties.
In his judgement, Justice Omotosho held that the NDLEA failed to provide sufficient evidence to prove the allegations against the defendants, particularly regarding the alleged non-declaration of landed properties.
The judge explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession by connection.
Justice Omotosho noted that the prosecution failed to present any of these forms of evidence to establish that the properties located at Fountain Estate, Karsana, which belong to Ramatu Kyari, were actually owned by Abba Kyari.
The court also held that the prosecution did not present material evidence linking Kyari to properties located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
In his defence, Kyari maintained that the properties in Borno State belonged to his late father, who left them for him and his siblings.
The court held that the prosecution failed to prove otherwise.
Justice Omotosho stated that the prosecution acted in bad faith by charging Kyari’s brothers with conspiracy, an allegation it failed to substantiate.
The judge described the NDLEA’s case as weak and lacking in credible evidence.
He added that the defendant had served the country well and should not be subjected to persecution.
