Justice James Omotosho of the Federal High Court, Abuja, has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets.
The charges were filed by the National Drug Law Enforcement Agency (NDLEA). Kyari was arraigned alongside his two brothers, who were accused of swearing to false affidavits to conceal the origin of certain properties.
In a judgment delivered on March 5, the court held that the NDLEA failed to provide sufficient evidence to prove its case, particularly regarding the alleged non-declaration of landed properties.
Justice Omotosho noted that ownership of landed property can be established through traditional history, valid title documents, acts of possession, or possession by connection. However, he ruled that the prosecution failed to present any of such evidence linking Kyari to the properties in question.
The court specifically held that the prosecution did not provide material proof showing that properties located in Fountain Estate, Kasana — said to belong to Ramatu Kyari — were owned by Abba Kyari. It also found no credible evidence connecting him to properties on Linda Choko Road, Asokoro, or in Maiduguri, Borno State.
He had maintained in his defence that the Borno properties belonged to his late father and were inherited by him and his siblings.
Justice Omotosho further faulted the prosecution for charging his brothers with conspiracy, describing the allegation as unsubstantiated. He characterised the NDLEA’s case as weak and lacking credible evidence.
The judge added that Kyari had served the country diligently and should not be subjected to persecution in the absence of concrete proof.
