Justice James Omotosho of the Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, DCP, Abba Kyari, of a 23-count charge of alleged non-declaration of assets brought against him by the National Drug Law Enforcement Agency, NDLEA.
Kyari was charged alongside his two brothers, who were accused of swearing false affidavits in an alleged attempt to conceal the origin of certain properties.
Delivering judgment, Justice Omotosho ruled that the NDLEA failed to present sufficient evidence to support its allegations against the defendants, which mainly related to the alleged non-declaration of landed properties.
The judge explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession by connection.
However, the prosecution did not present any such documents to prove that the properties located in Fountain Estate, Kasana, said to belong to Ramatu Kyari, were actually owned by Abba Kyari.
The court also held that the prosecution failed to provide material evidence linking Kyari to other properties at Linda Choko Road in Asokoro and in Maiduguri, Borno State.
In his defence, Kyari maintained that the properties in Borno State belonged to his late father and were inherited by him and his siblings. The prosecution did not prove otherwise.
Justice Omotosho further stated that the prosecution charged Kyari’s brothers in bad faith for alleged conspiracy, which it also failed to establish.
The court described the NDLEA’s case as weak and lacking substance.
Court discharges, acquits Abba Kyari of asset declaration charge
