The Federal High Court on Thursday discharged and acquitted suspended Deputy Commissioner of Police Abba Kyari of a 23-count charge of alleged asset non-declaration filed by the National Drug Law Enforcement Agency.
Delivering judgment, Justice James Omotosho ruled that the prosecution failed to provide sufficient evidence to support the allegations against Kyari and his two brothers, who were also charged for allegedly swearing false affidavits to conceal the origin of certain properties.
The court held that the agency did not present credible proof linking Kyari to the disputed properties located at Fountain Estate in Kasana, reportedly belonging to Ramatu Kyari. It also found no evidence connecting the suspended officer to properties on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
Justice Omotosho noted that ownership of landed property could be established through title documents, acts of possession or traditional history, but none of these were produced by the prosecution to substantiate its claims.
The judge further observed that Kyari had maintained the Maiduguri properties belonged to his late father and were inherited by him and his siblings, a claim the prosecution failed to disprove.
He also faulted the conspiracy charge against Kyari’s brothers, stating that the prosecution did not establish the allegation. The court subsequently acquitted all the defendants on the 23 counts.
