A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari on charges of failing to declare assets.
James Omotosho, who delivered the judgement, concluded that the prosecution failed to offer adequate evidence to substantiate the officer’s 23-count accusation issued by the National Drug Law Enforcement Agency (NDLEA).
Kyari was indicted alongside his two brothers, who were suspected of swearing false affidavits to conceal the origin of certain properties allegedly associated with the police officer.
However, the court determined that the NDLEA had failed to demonstrate the accusations, particularly those relating to the purported non-declaration of landed holdings.
Justice Omotosho explained that land ownership can be demonstrated through a variety of legal procedures. These include conventional history, title documents, acts of ownership, and possession associated with an owner.
According to the judge, the prosecution did not offer any of these documents to verify that the properties in Fountain Estate, Kasana, registered in the name of Ramatu Kyari, are indeed Kyari’s.
The court also determined that the prosecution failed to show evidence linking Kyari to additional properties purportedly located on Linda Choko Road in Asokoro and Maiduguri, Borno State.
During his defence, Kyari stated that the properties in Borno State belonged to his father and were inherited by him and his siblings.
According to Justice Omotosho, the prosecution did not submit any evidence to contradict that assertion.
The judge also determined that Kyari’s brothers were charged with conspiracy in bad faith, stating that the prosecution failed to prove the claim against them.
In his final evaluation, Justice Omotosho branded the NDLEA’s argument as weak and lacking substance.
He noted that the prisoner has served his country and should not face punishment.
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