The Federal High Court in Abuja on Thursday discharged and acquitted a suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed by the National Drug Law Enforcement Agency.
Delivering judgment, Justice James Omotosho held that the prosecution failed to present sufficient evidence to substantiate the allegations against the defendants.
Kyari was arraigned alongside his two brothers, who were accused of swearing to false affidavits in an alleged attempt to conceal the origin of certain properties.
However, the court ruled that the anti-drug agency failed to establish that the properties allegedly not declared by Kyari were actually owned by him.
Justice Omotosho explained that ownership of landed property could be established through traditional history, title documents, acts of possession, or possession by connection.
According to the judge, the prosecution did not present any of these forms of evidence to prove that the properties located at Fountain Estate in Karsana, said to belong to Ramatu Kyari, were owned by the suspended police officer.
The court also held that the prosecution failed to produce material evidence linking Kyari to properties located on Linda Choko Road in Asokoro, Abuja, as well as properties in Maiduguri, Borno State.
In his defence, Kyari maintained that the properties in Borno State belonged to his late father, who bequeathed them to him and his siblings.
The judge held that the prosecution failed to prove otherwise.
Justice Omotosho also faulted the prosecution for charging Kyari’s brothers with conspiracy, describing the allegation as unsubstantiated.
He described the NDLEA’s case as weak and lacking credible evidence, adding that the defendant had served the country well and should not be subjected to persecution.
