A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge relating to the alleged non-declaration of assets.
Justice James Omotosho delivered the judgment on Thursday, ruling that the prosecution failed to provide sufficient evidence to support the allegations brought against the former police officer by the National Drug Law Enforcement Agency (NDLEA).
Kyari had been arraigned alongside two of his brothers, who were accused of swearing to false affidavits in an attempt to conceal the origin of certain properties allegedly linked to the suspended police officer.
In his ruling, Justice Omotosho held that the NDLEA did not present credible evidence to establish that the properties mentioned in the charges actually belonged to Kyari.
The judge explained that ownership of landed property can be proven in several ways under Nigerian law, including through traditional history, title documents, acts of possession, or possession connected to the owner.
However, the court said none of these forms of proof were provided during the trial.
Justice Omotosho specifically addressed a property located at Fountain Estate in Kasana, which the prosecution had linked to Kyari. According to the court, the evidence presented showed that the property belongs to Ramatu Kyari and not the suspended police officer.
The court also noted that the prosecution failed to establish any connection between Kyari and other properties located on Linda Choko Road in Asokoro, Abuja, as well as another property in Maiduguri, Borno State.
During the proceedings, Kyari told the court that the Maiduguri property belonged to his late father and had been inherited by him and his siblings. The judge ruled that the prosecution did not provide evidence to contradict this claim.
Justice Omotosho further held that the prosecution could not establish the alleged conspiracy involving Kyari’s brothers.
According to the court, there was no proof that the defendants deliberately swore to false affidavits to conceal the origin of the properties mentioned in the charges.
Describing the prosecution’s case as weak and unsupported by credible evidence, the judge ruled that the charges could not stand.
The court consequently discharged and acquitted Abba Kyari and his brothers of all counts.
Justice Omotosho also remarked that Kyari had served the country and should not face persecution without credible evidence to support the allegations.
