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, James Omotosho ruled that the prosecution failed to provide sufficient evidence to prove the 23-count charge filed against the officer by the National Drug Law Enforcement Agency (NDLEA).
Court dismisses charges over lack of evidence
Kyari was charged alongside his two brothers, who were accused of swearing false affidavits to conceal the origin of certain properties allegedly linked to the police officer.
However, the court held that the NDLEA failed to establish the claims, particularly those relating to the alleged non-declaration of landed properties.
Justice Omotosho explained that ownership of land can be proven through several recognised means. These include traditional history, title documents, acts of possession, or possession connected to an owner.
According to the judge, the prosecution did not provide any of these documents to prove that the properties located in Fountain Estate, Kasana, which are registered in the name of Ramatu Kyari, actually belong to Kyari.
No proof linking Kyari to disputed properties
The court also ruled that the prosecution failed to present evidence linking Kyari to other properties allegedly located on Linda Choko Road in Asokoro and in Maiduguri, Borno State.
During his defence, Kyari maintained that the properties in Borno State belonged to his father and were inherited by him and his siblings.
Justice Omotosho stated that the prosecution did not present evidence to challenge that claim.
Brothers cleared of conspiracy allegation
The judge further ruled that Kyari’s brothers were charged with conspiracy in bad faith, noting that the prosecution failed to prove the allegation against them.
In his final assessment, Justice Omotosho described the case presented by the NDLEA as weak and lacking substance.
He added that the defendant had served the country and should not be subjected to persecution.
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Court Discharges, Acquits Suspended DCP Abba Kyarihttps://t.co/9cev8TpPBp pic.twitter.com/Hkt1EteEWq
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