The Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers of charges bordering on alleged non-disclosure of assets.
Delivering judgment on Thursday, Justice James Omotosho dismissed the 23-count charge filed by the National Drug Law Enforcement Agency (NDLEA), ruling that the prosecution failed to prove its case beyond reasonable doubt.
Kyari and his brothers, Mohammed and Ali, were accused of failing to fully declare their assets and disguising ownership of properties and funds allegedly linked to them. But the court held that the anti-narcotics agency did not present sufficient and credible evidence to substantiate the allegations.
Justice Omotosho described the prosecution’s case as “watery” and lacking factual foundation, stressing that the defendants remained presumed innocent unless proven guilty.
“The defendants are still presumed innocent and thus a heavy burden rests on the prosecution to establish their guilt beyond reasonable doubt. Failure to do so will see the defendants walk home free,” the judge said.
He criticised the NDLEA’s investigation, stating that the agency “struggled badly to hang something on the defendants but in the clear daylight of facts failed miserably.”
The court noted that some of the funds traced to Kyari’s accounts were operational monies transferred from the Central Bank of Nigeria for official assignments while he headed the Police Intelligence Response Team (IRT).
According to the judge, there was no evidence that the funds were diverted for personal use or that any agency lodged a complaint of misappropriation.
On the issue of foreign currency found in Kyari’s domiciliary account, the court held that the defendant had declared approximately £7,000, which he said was leftover from his father’s medical treatment abroad about a decade ago. The prosecution, the judge ruled, failed to establish that the money was unlawfully obtained or linked to money laundering.
“Without establishing these predicate offences, the counts have no legs to stand upon. They are very weak, vague and have no proof,” Justice Omotosho said while acquitting Kyari on several specific counts.
The judge ultimately discharged and acquitted all three defendants on all counts, describing the case as “persecutory rather than prosecutory.”
The NDLEA had alleged that it uncovered 14 properties — including shopping malls, residential estates, a polo playground, lands and farmland — allegedly linked to Kyari in Abuja and Maiduguri. The agency also claimed over N207 million and €17,598 were discovered in various bank accounts.
The defendants pleaded not guilty. After the prosecution closed its case and called 10 witnesses, Kyari made a no-case submission, which was initially dismissed by the court before he proceeded to open his defence. He insisted he declared his assets in line with the law and denied ownership of several properties attributed to him.
The court noted that Kyari’s two brothers opted not to call witnesses, choosing instead to rely on the prosecution’s case.
The case is separate from the cocaine trafficking trial involving Kyari and some police officers, which is currently before Justice Emeka Nwite at the Federal High Court in Abuja. Both matters were instituted by the NDLEA in 2022.