Justice James Omotosho of the Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari of a 23-count charge relating to alleged non-declaration of assets.
The charges were filed by the National Drug Law Enforcement Agency (NDLEA), which accused Kyari of failing to declare several properties and attempting to conceal their origin. The senior police officer was prosecuted alongside his two brothers, who were alleged to have sworn false affidavits in connection with the disputed assets.
Delivering judgment in the case, Justice Omotosho ruled that the prosecution failed to provide credible evidence to support the allegations against the defendants. The court held that the NDLEA did not establish that the properties in question were owned by Kyari or that he deliberately omitted them from his asset declaration.
The judge explained that under the law, ownership of landed property can be proven through several recognised means, including traditional history, valid title documents, acts of possession, or possession connected to the property owner. However, he said the prosecution did not present any of these forms of evidence to substantiate its claims.
Justice Omotosho specifically noted that the NDLEA failed to prove that the properties located at Fountain Estate in the Karsana area of Abuja, which are registered in the name of Ramatu Kyari, were actually owned by the suspended police officer.
The court also ruled that the prosecution did not produce material evidence linking Kyari to other properties allegedly located on Linda Choko Road in the Asokoro area of Abuja, as well as properties in Maiduguri, Borno State.
In his defence, Kyari told the court that the properties in Borno belonged to his late father and were inherited by him and his siblings after their father’s death. According to the judge, the prosecution failed to contradict or disprove that claim during the trial.
Justice Omotosho further criticised the decision to charge Kyari’s brothers with conspiracy, stating that the allegation was not supported by any credible evidence. He described the prosecution’s case as weak and lacking in substance.
The judge also observed that the manner in which the case was pursued suggested bad faith on the part of the prosecution.
He added that Kyari, who had served the country in the police force, should not be subjected to what he described as persecution in the absence of solid proof.
With the ruling, the court discharged and acquitted Kyari and the other defendants of all charges filed against them.
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