A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari over allegations of non-declaration of assets.
Delivering judgment, Justice James Omotosho ruled that the prosecution failed to provide sufficient evidence to support the 23-count charge filed against the officer by the National Drug Law Enforcement Agency (NDLEA).
Kyari was charged alongside his two brothers, who were accused of swearing false affidavits to hide the ownership of certain properties allegedly linked to the police officer.
However, the court held that the NDLEA did not establish its claims, particularly those relating to the alleged non-declaration of landed properties.
Justice Omotosho explained that land ownership can be proven through several recognised means, including traditional history, title documents, acts of possession, or possession linked to an owner. According to him, the prosecution failed to provide any documents proving that the properties located in Fountain Estate, Kasana, registered in the name of Ramatu Kyari, actually belonged to Kyari.
The court also ruled that there was no evidence linking the police officer to other properties allegedly located on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
During his defence, Kyari told the court that the properties in Borno State belonged to his father and were inherited by him and his siblings. The judge noted that the prosecution failed to challenge this claim with evidence.
Justice Omotosho also cleared Kyari’s brothers of conspiracy, stating that the allegation against them was not proven.
In his final ruling, the judge described the case presented by the NDLEA as weak and lacking substance, adding that Kyari had served the country and should not be subjected to persecution.
