The Federal High Court of Nigeria 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.
The charges were filed by the National Drug Law Enforcement Agency (NDLEA) against Kyari and two of his brothers.
Delivering the judgment on Thursday, Justice James Omotosho ruled that the prosecution failed to establish sufficient evidence linking Kyari to the properties cited in the case.
Kyari had been charged alongside his brothers, Mohammed Kyari and Ali Kyari, who were accused of swearing false affidavits in an alleged attempt to conceal the ownership of certain properties believed to be connected to the suspended police officer.
In his ruling, Justice Omotosho held that the prosecution did not prove that the properties mentioned in the charges actually belonged to Kyari.
He explained that ownership of landed property can typically be established through various forms of evidence such as traditional history, valid title documents, acts of possession, or proof connecting possession to ownership.
According to the judge, none of these forms of proof were presented by the prosecution to support the claim that Kyari owned the property located at Fountain Estate in Kasana, which was said to belong to Ramatu Kyari.
The court also noted that investigators failed to produce convincing evidence linking the suspended police officer to other properties referenced in the charges, including those located on Linda Choko Road in Asokoro, Abuja, as well as another property in Maiduguri, Borno State.
Kyari had earlier told the court that the property in Borno State belonged to his late father and was inherited by him and other family members.
Justice Omotosho stated that the prosecution did not provide evidence to disprove this claim.
On the allegations of conspiracy against Kyari’s brothers, the judge ruled that the claims were not supported by credible evidence.
“The allegation was not substantiated by evidence. The prosecution’s case is weak and lacks credible proof,” he said while delivering the verdict.
Justice Omotosho also acknowledged Kyari’s previous service to the country, stating that the officer should not face persecution without convincing proof.
Despite the acquittal in the asset declaration case, Kyari is still facing a separate trial before Justice Emeka Nwite over allegations of involvement in a cocaine trafficking case.
The case involves four other suspended police officers and was initiated after the arrest of two suspected drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne.
The two suspects were convicted in 2022 and sentenced to two years in prison for their roles in the drug trafficking case.
Proceedings in the separate case against Kyari and the other officers are still ongoing before the court.
