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The Federal High Court in Abuja on Thursday dismissed a case filed by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police (DCP) Abba Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, over allegations of non-disclosure of assets.
Delivering judgement, Justice James Omotosho held that the prosecution failed to establish its case beyond a reasonable doubt.
The judge noted that the burden of proof rests on the prosecution and ruled that the evidence presented by the NDLEA was insufficient to sustain the charges.
Justice Omotosho described the case against Kyari and his brothers as “persecution” and consequently discharged and acquitted them of all the counts brought before the court.
NDLEA had arraigned Kyari, a former head of the Police Intelligence Response Team (IRT), alongside his two brothers on allegations of failing to fully disclose assets as required by law.
The law enforcement agency had filed 23 counts against the three defendants, accusing them of concealing assets and disguising the ownership of several properties.
In the charge, Abba Kyari was listed as the first defendant, while Mohammed Kyari and Ali Kyari were named as the second and third defendants, respectively.
According to the NDLEA, investigations allegedly uncovered 14 assets linked to Kyari.
These properties were said to include shopping malls, residential estates, a polo playground, parcels of land and farmland located in various parts of the Federal Capital Territory (FCT), Abuja, and another in Maiduguri, Borno State.
The agency also alleged that Kyari failed to declare ownership of some of the properties and claimed that funds totalling over ₦207 million and €17,598 were discovered in different bank accounts held with Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
The NDLEA also accused the defendants of disguising the ownership of the properties and converting funds in violation of relevant financial regulations.
The agency argued that the alleged offences were punishable under Section 35(3)(a) of the National Drug Law Enforcement Agency Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
The defendants pleaded not guilty to all counts at arraignment.
