A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, in a case involving allegations of false asset declaration and conspiracy.
Delivering judgment on Thursday, Justice James Omotosho ruled that the prosecution failed to provide credible evidence to support the 23-count charge filed against Kyari and two of his brothers by the National Drug Law Enforcement Agency (NDLEA).
Court Cites Lack of Evidence
The case revolved around accusations that Kyari and his brothers failed to properly declare certain landed properties and allegedly attempted to conceal their origins through false affidavits. However, Justice Omotosho stated that the prosecution’s evidence was weak and insufficient to sustain the charges.
According to the judge, the NDLEA did not present documents or verifiable proof linking the suspended police officer to the disputed properties cited in the charges.
Among the properties mentioned were parcels of land located in Fountain Estate in Kasa, reportedly registered under Ramatu Kyari, another property on Linda Chuko Road in Asokoro, Abuja, and additional assets in Maiduguri, Borno State.
Justice Omotosho described the evidence presented by the prosecution as “watery,” emphasizing that ownership of land must be proven through recognized legal means such as title documents, historical ownership records, acts of possession, or other verifiable connections. None of these, the court noted, were sufficiently established.
Defence Argument Accepted
During the proceedings, Kyari maintained that the properties in Borno State were originally owned by his late father and were inherited by him and his siblings. The court found no evidence contradicting this claim.
The judge also faulted the prosecution for including Kyari’s brothers in the alleged conspiracy, stating that the charges against them appeared to be brought in bad faith and were not supported by convincing evidence.
Court Discharges All Defendants
Based on the lack of proof, the court discharged and acquitted Kyari and his brothers on all counts related to the NDLEA’s asset declaration allegations.
Justice Omotosho added that the defendants had previously served the country and should not be subjected to prosecution without solid evidence.
Other Legal Matters Remain Separate
The ruling specifically addresses the non-declaration of assets case initiated by the NDLEA. It does not affect other legal proceedings involving Kyari, including the separate drug trafficking case linked to cocaine allegations, which has followed a different legal process.
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The judgment marks a significant development in the long-running legal battles surrounding the suspended police officer.
