UPDATED: Court acquits Abba Kyari, two brothers on charges of non-disclosure of assets
A Federal High Court in Abuja has discharged and acquitted suspended DCP Abba Kyari – former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF) –
A Federal High Court in Abuja has discharged and acquitted suspended DCP Abba Kyari - former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF) - and his two brothers - Mohammed and Ali - on charges bordering on non-disclosure of assets.
In a judgment on Thursday, 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.
Justice Omotosho held that the NDLEA failed to discharge the burden of proving the criminal allegations with sufficient evidence.
The judge particularly noted 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 said that it was quite 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 is secure, would be arraigned upon a baseless charge.
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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."
While holding that the NDLEA was shoddy in carrying out its investigation, the judge noted that "The prosecution struggled badly to hang something on the defendants, but in the clear daylight of facts, failed miserably.
"There is nothing to hold the defendants to base 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.
The NDLEA had last year arraigned the three on a 23-count charge, marked: FHC/ABJ/CR/408/2022, in which it accused them of failing to make full disclosure of their assets.
Kyari was alleged to have failed to disclose his ownership of the property in different locations in the Federal Capital Territory, Abuja, and Maiduguri in Borno.
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, and Sterling Bank.
The agency, in charge, also accused them of “disguising of ownership of properties and conversion of monies.”
This case, decided on Thursday, is different from a separate one in which Kyari is being prosecuted by the NDLEA along with four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu.
Kyari and others 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.
Kyari is also accused of attempting to obstruct NDLEA officials in their duties by offering them a bribe.
The case is currently at the defence stage before Justice Emeka Nwite of the Federal High Court, Abuja.
