Abba Kyari Court Case Dismissed As Federal High Court Clears Suspended DCP
Former DCP Abba Kyari had his court case take a dramatic turn on Thursday as the Federal High Court in Abuja dismissed the suit filed by the National Drug Law Enforcement Agency (NDLEA) against the suspended Deputy Commissioner of Police.
Justice James Omotosho threw out the court case, which was instituted against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, over allegations bordering on non-disclosure of assets.
While delivering judgment, the court held that the prosecution failed to prove its case beyond a reasonable doubt. Justice Omotosho stressed that the burden of proof lies with the prosecution and ruled that the anti-narcotics agency failed to meet that legal threshold in the Abba Kyari case.
The judge went further to describe the case against Kyari and his brothers as “persecution.” He subsequently discharged and acquitted all the defendants of the charges brought against them.
The News Agency of Nigeria reports that the NDLEA had been prosecuting Kyari, who is the former head of the Police Intelligence Response Team, alongside his two brothers on allegations related to non-disclosure of assets.
Before the judgment in the Abba Kyari court case, counsel for the NDLEA, Sunday Joseph; Kyari’s lawyer, Onyechi Ikpeazu, SAN; and counsel to his brothers, Monjok Agom, adopted their processes and presented arguments for and against the charges.
The NDLEA had filed a 23-count charge marked FHC/ABJ/CR/408/2022, naming Abba, Mohammed, and Ali as the first to third defendants, respectively, in the Abba Kyari court case.
According to the anti-narcotics agency, Abba Kyari and his brothers failed to fully disclose their assets as required by law. The agency claimed it uncovered 14 properties allegedly linked to Kyari, including shopping malls, a residential estate, a polo playground, lands, and farmland.
The prosecution also alleged that Kyari failed to disclose ownership of properties located in different parts of the Federal Capital Territory, Abuja, and Maiduguri in Borno State.
In addition, the NDLEA claimed that over N207 million and €17,598 were discovered in Kyari’s various accounts in Guarantee Trust Bank, United Bank for Africa, and Sterling Bank.
The agency further accused the defendants of “disguising ownership of properties and conversion of monies.” It stated that the alleged offenses are punishable under Section 35.3a of the National Drug Law Enforcement Agency Act and Section 15.3a of the Money Laundering Prohibition Act 2011.
However, Kyari and his brothers pleaded not guilty to all the counts, a stance that ultimately led to their discharge and acquittal in the Abba Kyari court case.
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