The Federal High Court in Abuja, on Thursday, discharged and acquitted suspended Deputy Commissioner of Police (DCP) Abba Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, of a 23-count charge of alleged non-declaration of assets. Justice James Omotosho presided over the case, which was filed by the National Drug Law Enforcement Agency (NDLEA), stating that the anti-narcotic agency failed to prove its case beyond reasonable doubt.

In his judgment, Justice Omotosho emphasized that the burden of proving a criminal case beyond reasonable doubt rests solely on the prosecution, a standard which the NDLEA did not meet. He described the case against Kyari and his brothers as “persecution” and highlighted the lack of credible documents linking Kyari to various landed properties, including those in Fountain Estate, Kasana, Linda Choko Road in Asokoro, and Maiduguri, Borno State. The judge further noted that ownership could not be established through traditional history, title documents, or acts of possession by the prosecution. He also accepted Kyari’s explanation that the Maiduguri properties belonged to his late father and were inherited by him and his siblings, which the prosecution failed to disprove.

The NDLEA had accused Abba Kyari, along with his brothers, of failing to make full disclosure of their assets, disguising ownership of properties, and converting monies. The agency alleged the discovery of 14 assets, including shopping malls, a residential estate, a polo playground, lands, and farmland, primarily located in the Federal Capital Territory (Abuja) and Maiduguri, Borno State. Furthermore, over N207 million and €17,598 were reportedly found in Kyari’s various accounts at Guarantee Trust Bank, United Bank for Africa, and Sterling Bank. These offences were deemed punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011. The defendants, however, pleaded not guilty to all counts.

During the trial, Kyari, who has been in detention since his trials began in 2022, consistently denied ownership of some of the properties linked to him. Testifying as a defence witness, he stated that some Maiduguri properties belonged to his late father, inherited by him and his numerous siblings, with their documents residing at the Ministry of Land in Borno State. He vehemently refuted owning the vast polo ground, remarking on its long-standing existence. While admitting ownership of a farmland along the Abuja-Kaduna Road cultivated over the past decade, he also confirmed operating accounts with UBA, Access Bank, and GTB, asserting that the approximately £7,000 found in his domiciliary account had been declared in accordance with the law. He also claimed his accounts were frozen by the prosecution. Kyari further stated he was not part of the team that went to arrest two drug traffickers at the Akanu Ibiam International Airport in Enugu, alleging that NDLEA officers at the airport were indicted in the act, and that he submitted himself for investigation rather than being arrested.

The NDLEA had originally filed the charges in 2022, calling 10 witnesses and tendering at least 20 exhibits to support its claims. The defendants subsequently filed a no-case submission, arguing the prosecution failed to provide sufficient evidence. Although this no-case submission was previously dismissed by the court, requiring them to enter their defense, the final judgment ultimately favored the defendants.

It is crucial to note that this dismissal does not impact a separate, ongoing trial involving Abba Kyari and four other suspended police officers for alleged involvement in a cocaine deal. This illicit drug case is being heard before Justice Emeka Nwite of the Federal High Court in Abuja. Kyari and his co-defendants—Sunday J. Ubia, Bawa James, Simon Agirigba, and John Nuhu—remain in detention, having been denied bail in that particular case. Two drug traffickers, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were co-defendants in the cocaine trial, had previously pleaded guilty and were convicted and sentenced to two years’ imprisonment by Justice Nwite in 2022. Kyari commenced his defense in the cocaine trial on February 27.

The Federal High Court's decision to discharge and acquit Abba Kyari and his brothers in the asset declaration case underscores the court's strict adherence to the principle of proving guilt beyond reasonable doubt.