The Federal High Court in Abuja has dismissed the case filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police Abba Kyari and his two younger brothers on charges of failing to disclose assets.
Justice James Omotosho on Thursday discharged and acquitted the defendants after ruling that the NDLEA failed to prove its case beyond reasonable doubt. The judge described the prosecution as “persecution.”
The court held that the burden of proof rested on the agency, which it did not meet.
The NDLEA had charged Abba Kyari (1st defendant), Mohammed Kyari (2nd) and Ali Kyari (3rd) in a 23-count charge marked FHC/ABJ/CR/408/2022.
The allegations centred on non-disclosure of assets, including 14 properties such as shopping malls, residential estates, a polo playground, lands and farmland in Abuja and Maiduguri.
The agency also claimed over N207 million and €17,598 were found in Kyari’s accounts at Guaranty Trust Bank, United Bank for Africa and Sterling Bank, accusing the defendants of disguising ownership of properties and converting monies.
The offences were said to be punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act 2011.
All three defendants had pleaded not guilty.
