Court Discharges Abba Kyari, Brothers in NDLEA Non-Disclosure of Assets Case

Court Discharges Abba Kyari, Brothers in NDLEA Non-Disclosure of Assets Case

A Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers over allegations of non-disclosure of assets filed against them by the National Drug Law Enforcement Agency (NDLEA).

Delivering judgment, Justice James Omotosho dismissed the case after ruling that the anti-narcotics agency failed to prove the allegations beyond reasonable doubt, as required under criminal law.

The judge held that the burden of proof lies with the prosecution, adding that the NDLEA did not provide sufficient evidence linking the properties and funds mentioned in the charge to the defendants. Justice Omotosho also described the case as “persecution rather than prosecution,” before formally discharging and acquitting Abba Kyari and his brothers, Mohammed Kyari and Ali Kyari, of all charges.

The case, marked FHC/ABJ/CR/408/2022, was filed by the NDLEA against Kyari, a former head of the Police Intelligence Response Team (IRT), alongside his brothers on allegations bordering on failure to declare assets, disguising ownership of properties and conversion of funds.

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According to the anti-narcotics agency, investigations uncovered 14 assets allegedly linked to Kyari, including shopping malls, residential estates, parcels of land, farmland and a polo playground located in Abuja and Maiduguri, Borno State.

The NDLEA further alleged that more than ₦207 million and €17,598 were discovered in various bank accounts linked to Kyari in Guaranty Trust Bank, United Bank for Africa and Sterling Bank.

The agency argued that the properties and funds were not fully disclosed by Kyari in his asset declaration, and also accused the defendants of disguising ownership of the assets.

However, during the trial, Kyari and his brothers pleaded not guilty to the 23-count charge, insisting that the allegations were unfounded.

In his ruling, Justice Omotosho emphasized that criminal charges must be supported by credible and verifiable evidence, adding that the prosecution failed to establish ownership of the properties through legal documents such as title deeds or other admissible proof.

The NDLEA had charged the defendants under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011, which deal with asset concealment and illicit financial transactions.

Legal analysts say the judgment marks a significant development in the legal battles involving the suspended police officer, who rose to national prominence during his time leading the Police Intelligence Response Team.

Despite the acquittal in the asset non-declaration case, Kyari still faces separate criminal proceedings relating to alleged drug-related offences, which are currently pending before another court.

The ruling effectively brings an end to the NDLEA’s asset declaration case filed in 2022 against the embattled police officer and his brothers.

Court Discharges Abba Kyari, Brothers in NDLEA Non-Disclosure of Assets Case