The Federal High Court in Abuja on Thursday dismissed a suit filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police, Abba Kyari, over allegations bordering on non-disclosure of assets.
Delivering judgment, Justice James Omotosho held that the anti-narcotics agency failed to prove its case beyond reasonable doubt.
The judge stressed that the burden of proof rests on the prosecution in criminal matters and ruled that the NDLEA did not sufficiently establish the allegations against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari.
Justice Omotosho described the case as “persecution” and subsequently discharged and acquitted the three defendants.
The News Agency of Nigeria reports that the NDLEA had filed a 23-count charge against Kyari, a former head of the Police Intelligence Response Team (IRT), and his two brothers.
In the charge marked FHC/ABJ/CR/408/2022, the agency alleged that the defendants failed to fully disclose their assets and disguised ownership of several properties.
According to the NDLEA, investigations uncovered 14 properties allegedly linked to Kyari, including shopping malls, a residential estate, a polo playground, parcels of land, and farmland located in the Federal Capital Territory (FCT), Abuja, and Maiduguri, Borno State.
The agency further alleged that over N207 million and €17,598 were discovered in Kyari’s accounts with Guaranty Trust Bank, United Bank for Africa, and Sterling Bank.
The NDLEA accused the defendants of concealing ownership of properties and converting funds, offences it said were punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
The defendants had pleaded not guilty to all counts.
Counsel to the NDLEA, Sunday Joseph, and defence lawyers Onyechi Ikpeazu (SAN) and Monjok Agom had earlier adopted their respective processes and presented arguments before the court fixed judgment.
With Thursday’s ruling, the defendants stand formally discharged and acquitted of all charges.