Assets: Court refuses Abba Kyari’s brothers’ no case submission

A Federal High Court in Abuja has dismissed a no-case submission filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers in the criminal case instituted against them by the National Drug Law Enforcement Agency (NDLEA). The NDLEA filed 23-count charges against DCP Kyari, his brothers Mohammed Baba and Ali, before the […]

A Federal High Court in Abuja has dismissed a no-case submission filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers in the criminal case instituted against them by the National Drug Law Enforcement Agency (NDLEA).

The NDLEA filed 23-count charges against DCP Kyari, his brothers Mohammed Baba and Ali, before the court over his failure to declare properties allegedly linked to him in the asset form.

Dismissing the no case submission, Justice James Omotosho held that the prosecution had established a prima facie case against the defendants, warranting them to open their defence.

“In view of all the exhibits and the evidence of the prosecution, the defendants need to offer to exhaust their defence options before a final judgment,” Justice Omotosho explained.

He further emphasised that the defendants remain presumed innocent until proven guilty, while the burden of proof rests on the prosecution to establish its case beyond a reasonable doubt, in line with Section 135(1) of the Evidence Act, 2011.

The NDLEA claimed the brothers failed to declare a property at Plot 1927 Blue Fountain Estate, Karsana, Abuja; an estate at Linda Chaulker Road, Asokoro extension, Abuja, a plaza under construction adjacent to No.13 Balin Suleiman Street, behind NNPC Petrol Station, Guzape Abuja; plot of land covered by Certificate of Occupancy No: 000271 issued by Maiduguri Metropolitan Council, Borno State, and plot No, 33, Bama Road GRA Extension Maiduguri, Borno State covered by Certificate No: 80/4319 issued by Borno State Government by deposing to false affidavit at the Federal High Court Maiduguri in suit Number FHC/NG/CS/9/2022.

 

The charges are brought under sections 35(3)(a) and 18(a) of the Money Laundering (Prohibition) Act, 2011(As Amended) and punishable under Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (As Amended).

 

They pleaded not guilty to the charges, instead arguing that under Section 128 of the Evidence Act, transactions involving state land could only be proved through certified true copies of title documents, insisting that no other form of evidence was admissible.

 

The case has been adjourned to November 4, 5, and 6 for continuation of the trial.