The Federal High Court in Abuja on Thursday dismissed a case filed by the National Drug Law Enforcement Agency against suspended Deputy Commissioner of Police, Abba Kyari, over allegations of non disclosure of assets.
Justice James Omotosho dismissed the suit filed against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, citing the failure of the anti narcotic agency to prove its case beyond reasonable doubt.
The judge ruled that the burden of proving a criminal case beyond reasonable doubt lies with the prosecution, which he said the agency failed to establish.
Justice Omotosho described the case against Kyari and his brothers as “persecution.”
He subsequently discharged and acquitted the defendants of all charges.
The case involved Kyari, a former head of the Police Intelligence Response Team, and his two brothers who were accused of failing to fully declare their assets.
During the proceedings, counsel for the agency, Sunday Joseph, alongside Kyari’s lawyer, Onyechi Ikpeazu, SAN, and counsel to his brothers, Monjok Agom, presented their arguments for and against the charges before the court.
In the 23 count charge, the agency listed Abba, Mohammed and Ali as the first to third defendants respectively.
The prosecution alleged that Kyari and his two brothers failed to make full disclosure of their assets, claiming investigators uncovered 14 properties linked to them. These reportedly included shopping malls, a residential estate, a polo playground, lands and farmland.
Kyari was also alleged to have failed to disclose ownership of properties located in the Federal Capital Territory, Abuja, and Maiduguri in Borno State.
According to the prosecution, more than N207 million and €17,598 were discovered in Kyari’s accounts across Guaranty Trust Bank, United Bank for Africa, and Sterling Bank.
The agency further accused the defendants of disguising ownership of properties and converting funds.
The offences were said to be punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act and Section 15 (3) (a) of the Money Laundering Prohibition Act 2011.
However, the defendants pleaded not guilty to all the counts.
