Justice James Omotosho of the Federal High Court of Nigeria sitting in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, in a 23-count charge bordering on alleged non-declaration of assets.
The case was filed by the National Drug Law Enforcement Agency (NDLEA), which accused Kyari of failing to declare several landed properties. He was charged alongside his two brothers, who were alleged to have sworn false affidavits in an attempt to conceal the origin of some of the properties.
Delivering judgment on Thursday, March 5, Justice Omotosho ruled that the NDLEA failed to present sufficient evidence to prove its claims against the defendants, particularly regarding the alleged non-declaration of land assets.
The judge explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession through connection. However, he noted that the prosecution failed to provide any such documents linking Kyari to the properties in question.
According to the court, the NDLEA did not present credible evidence showing that the property located in Fountain Estate, Kasana—said to belong to Ramatu Kyari—was actually owned by Abba Kyari.
The court also held that the prosecution failed to provide material evidence connecting Kyari to other properties located on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
In his defence, Kyari maintained that the properties in Borno State belonged to his late father and were inherited by him and his siblings.
Justice Omotosho further criticised the prosecution for charging Kyari’s brothers with conspiracy, describing the allegation as unsubstantiated. He stated that the NDLEA’s case was weak and lacked credible evidence.
The judge added that Kyari had served the country diligently and should not be subjected to persecution.
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