Court acquits Abba Kyari, two brothers over non-disclosure of assets
A Federal High Court in Abuja has discharged and acquitted the suspended former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF), DCP Abba Kyari, and
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A Federal High Court in Abuja has discharged and acquitted the suspended former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF), DCP Abba Kyari, and his two brothers - Mohammed and Ali – for charges bordering on non-disclosure of assets.
In a judgment yesterday, Justice James Omotosho found that the prosecuting agency - the National Drug Law Enforcement Agency (NDLEA) - failed to prove its case beyond a reasonable doubt, as required under the law.
But the NDLEA stated that its case against Kyari over alleged drug trafficking remains on course.
Justice Omotosho held that the NDLEA failed to prove the criminal allegations with sufficient evidence.
The judge particularly held that the NDLEA presented a “watery case” that lacked a basis in facts.
He added: “The defendants are still presumed innocent and thus, a heavy burden rests on the prosecution to establish their guilt beyond a reasonable doubt. Failure to do so will see the defendants walk home free.”
Justice Omotosho noted that it was unfortunate that Abba Kyari, who, from the evidence before the court, had served the country bravely and competently, handling very dangerous assignments to ensure that the country was secure, was arraigned over a baseless charge.
The judge added: “For a Nigerian to put his life on the line for this country and then be rewarded with being charged for offences that are quite ridiculous is baffling, to say the least.”
He held that the NDLEA was shoddy in carrying out its investigation, adding: “The prosecution struggled badly to hang something on the defendants, but in the clear daylight of facts, failed miserably.
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“There is nothing to hold the defendants to, based on the evidence presented by the prosecution. Thus, the defendants will be discharged and acquitted of all counts in this charge.
“In the final analysis, the prosecution has failed to discharge the burden of proof of it by establishing the guilt of the defendants beyond a reasonable doubt.
“The case presented is gravely doubtful and lacks substance. Consequently, the defendants are discharged and acquitted on all counts,” Justice Omotosho said.
Last year, the NDLEA arraigned the three on a 23-count charge in which it accused them of failing to fully disclose their assets.
Kyari was alleged to have failed to disclose his ownership of the property in different locations in the Federal Capital Territory (FCT), Abuja, and Maiduguri, the Borno State capital.
The NDLEA alleged that over N207 million and Є17,598 were also discovered in Kyari’s various accounts in Guarantee Trust Bank, United Bank for Africa (UBA), and Sterling Bank.
The agency, in the charge, accused the defendants of “disguising the ownership of properties and conversion of monies”.
This case, which the court decided yesterday, is different from a separate one in which Kyari is being prosecuted by the NDLEA alongside four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu.
Kyari and the other defendants are charged with conspiracy to deal in 17.55kg of cocaine; dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two drug dealers.
The embattled police officer is also accused of attempting to obstruct NDLEA officials in the conduct of their activities by offering them a bribe.
The case is currently at the defence stage before Justice Emeka Nwite, also of the Federal High Court, Abuja.
