Court Frees Abba Kyari, Brothers, Over Alleged Asset Declaration Violations

Justice James Omotosho of the Federal High Court of Nigeria sitting in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets.

The charges were filed against the embattled police officer by the National Drug Law Enforcement Agency (NDLEA).

Kyari was arraigned alongside two of his brothers, who were accused of swearing to false affidavits in a bid to conceal the alleged ownership of certain properties said to be linked to the former head of the Police Intelligence Response Team.

Delivering judgment, Justice Omotosho held that the prosecution failed to present sufficient and credible evidence to substantiate the allegations against the defendants.

The court ruled that the NDLEA did not provide convincing proof that the properties allegedly connected to Kyari were indeed owned by him.

Explaining the legal standards for establishing ownership of landed property, the judge stated that such ownership could be proven through traditional history, title documents, acts of possession, or possession connected to the claimant.

However, he observed that none of these recognised forms of proof were presented by the prosecution during the trial.

The court specifically noted that the NDLEA failed to establish that the property located at Fountain Estate, Kasana, which is registered in the name of Ramatu Kyari, belonged to Abba Kyari.

Justice Omotosho further held that the prosecution did not tender any material evidence linking the suspended police officer to other properties located on Linda Choko Road in Asokoro, Abuja, as well as another property in Maiduguri, Borno State.

During the proceedings, Kyari had told the court that the Maiduguri property belonged to his late father and was subsequently inherited by him and his siblings.

The court held that the prosecution did not provide any evidence to contradict or disprove that claim.

On the allegations involving Kyari’s brothers, Justice Omotosho ruled that the NDLEA failed to establish the existence of any conspiracy or deliberate act of swearing to false affidavits to conceal the origin of the properties.

According to the court, the charges brought against the defendants were not supported by credible or sufficient evidence.

Consequently, the judge described the prosecution’s case as weak and lacking in substance.

Justice Omotosho therefore discharged and acquitted Kyari and his brothers of all the charges.

The court also observed that Kyari had served the nation and should not be subjected to persecution in the absence of credible evidence to support the allegations against him.