Court clears Abba Kyari in assets declaration case

A Federal High Court in Abuja on Thursday acquitted suspended Deputy Commissioner of Police (DCP) Abba Kyari of a 23-count charge of alleged failure to declare assets brought against him by the National Drug Law Enforcement Agency (NDLEA). Delivering judgment, Justice James Omotosho held that the prosecution failed to establish the allegations against Kyari and […]

A Federal High Court in Abuja on Thursday acquitted suspended Deputy Commissioner of Police (DCP) Abba Kyari of a 23-count charge of alleged failure to declare assets brought against him by the National Drug Law Enforcement Agency (NDLEA).

Delivering judgment, Justice James Omotosho held that the prosecution failed to establish the allegations against Kyari and the other defendants named in the case.

The NDLEA had accused Kyari of failing to declare certain properties and charged him alongside his brothers, Mohammed Kyari and Ali Kyari, who were alleged to have sworn false affidavits intended to conceal the origin of some assets said to be linked to the police officer.

However, Justice Omotosho ruled that the anti-drug agency did not present sufficient evidence to prove that the properties cited in the charges belonged to Kyari.

According to the judge, ownership of landed property must be established through recognised means such as traditional history, valid title documents, acts of possession, or possession connected to ownership.

He said the prosecution failed to present any of these forms of proof to show that a property located in Fountain Estate, Kasana — said to belong to Ramatu Kyari — was owned by the suspended police officer.

The court also held that the NDLEA did not produce credible evidence linking Kyari to other properties referenced in the charge, including buildings on Linda Choko Road in Asokoro, Abuja, and another property in Maiduguri, Borno State.

During the trial, Kyari told the court that the Maiduguri property belonged to his late father and had been inherited jointly by him and his siblings.

Justice Omotosho said the prosecution failed to disprove this claim.

The judge further dismissed the conspiracy allegations against Kyari’s brothers, ruling that the prosecution did not provide evidence to substantiate the charge that they swore false affidavits to conceal property ownership.

Omotosho described the prosecution’s case as weak and lacking credible proof.

He also noted that Kyari had served the country and should not be subjected to persecution in the absence of convincing evidence.

Despite the acquittal in the asset declaration case, Kyari and four other suspended police officers are still facing a separate trial before Justice Emeka Nwite of the Federal High Court over alleged involvement in a cocaine deal.

Two suspected drug traffickers arrested in connection with that case — Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — were earlier convicted and sentenced to two years’ imprisonment in 2022.