Abba Kyari: Drug trial continues – NDLEA

The National Drug Law Enforcement Agency (NDLEA) on Thursday said the substantive drug case against suspended Deputy Commissioner of Police, Abba Kyari, is still pending before the Federal High Court in Abuja. NDLEA gave the clarification after Justice James Omotosho of the Federal High Court in Abuja dismissed the non-declaration of assets case filed against […]

The National Drug Law Enforcement Agency (NDLEA) on Thursday said the substantive drug case against suspended Deputy Commissioner of Police, Abba Kyari, is still pending before the Federal High Court in Abuja.

NDLEA gave the clarification after Justice James Omotosho of the Federal High Court in Abuja dismissed the non-declaration of assets case filed against suspended Kyari and his younger brothers.

NDLEA’s Director of Media and Advocacy, Femi Babafemi, in a statement, explained that the ruling by Justice Omotosho concerns a separate case involving money laundering and asset declaration, which is different from the main drug prosecution.

He added that the prosecution team would first obtain a Certified True Copy (CTC) of the judgment to review its details before deciding on any next steps, including a possible appeal.

“First, I need to clarify that the ruling by Justice Omotosho is completely different from the main and substantive drug case, which continues before Justice Emeka Nwite on Monday. That one is very much on course,” Babafemi said.

Mr Kyari, alongside four other suspended police officers, is facing an ongoing trial before another judge of the Federal High Court in Abuja, Emeka Nwite, over cocaine-related charges.

His co-defendants, who were members of the special tactical police unit, the Intelligence Response Team (IRT), are Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.

Two drug traffickers who were originally co-defendants in the case pleaded guilty and have since been convicted and jailed.

The two men, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were arrested by the IRT, pleaded guilty to the charges.

They were convicted and subsequently sentenced to two years’ imprisonment by Mr Nwite in 2022.

Mr Kyari opened his defence in the case on February 27.

 

Kyari acquitted in asset declaration case

Justice James Omotosho, while dismissing the non-declaration of assets case against Kyari, held that the NDLEA, which prosecuted the defendants, failed to prove the charges beyond a reasonable doubt.

The judge noted that the burden of proving a criminal case rests on the prosecution and ruled that the agency did not meet the required legal standard.

He described the case against Kyari and his brothers—Mohammed Kyari and Ali Kyari—as “persecution.”

Consequently, the court discharged and acquitted the three defendants of all the charges.

The NDLEA had in 2022 charged Kyari, the former head of the Police Intelligence Response Team (IRT), and his two brothers with non-disclosure of assets.

In the 23-count charge, the agency alleged that Kyari and his brothers failed to fully declare their assets. It claimed that investigations uncovered 14 properties allegedly linked to Kyari, including shopping malls, a residential estate, a polo playground, lands and farmland, which he allegedly failed to declare.

The defendants pleaded not guilty to all the charges.

During the trial, Kyari, who has been in detention since 2022, denied ownership of some of the properties attributed to him by the NDLEA.

Testifying as a defence witness on November 5 last year, Kyari told the court that some of the assets belonged to his late father, who had about 30 children.

He also acknowledged maintaining accounts with United Bank for Africa, Access Bank and Guaranty Trust Bank, adding that the over £7,000 found in his domiciliary account had been declared in line with the law.

 

Abba Kyari still in our custody – NCoS

Similarly, the Nigeria Correctional Service (NCoS), FCT Command, in a statement clarified that DCP Kyari is still in its custody.

The command’s Public Relations Officer (CPRO), Samson Duza, said this is despite Kyari being discharged in one of the cases against him.

According to NAN, Duza explained that Kyari is facing two separate cases, noting that the recent court decision only affected the charge bordering on the alleged wrongful declaration of assets.

According to him, the court discharged Kyari in that case after ruling that the prosecution failed to provide sufficient evidence to sustain the allegations.

“He has two cases: one for wrongful declaration of assets and the other for a drug-related offence.

“The one for wrongful declaration of assets is the one he was discharged from for lack of merit or evidence.”

The CPRO explained that the presiding judge described the case as weak, adding that the prosecution was unable to substantiate the allegations brought against the suspended police officer.

He emphasised that Kyari remains in custody because the second case involving alleged drug offences is still before the court.

“The ongoing drug-related trial has not been concluded, and as such, Kyari will continue to remain in the custody of the NCoS pending the outcome of the proceedings,” he said.