The Federal High Court in Abuja on Thursday dismissed a case brought by the National Drug Law Enforcement Agency (NDLEA) against suspended Deputy Commissioner of Police, Abba Kyari, and his two younger brothers, Mohammed and Ali Kyari, over allegations of failure to declare assets.
Justice James Omotosho discharged and acquitted the defendants, ruling that the NDLEA had not proven its case beyond a reasonable doubt.
He described the prosecution’s effort as falling short of the legal standard and referred to the case as “persecution.”
The suit, filed by the anti-narcotics agency, had accused Kyari and his brothers of failing to disclose ownership of multiple assets, including shopping malls, a residential estate, a polo ground, lands, and farmland spread across Abuja and Maiduguri, Borno State.
The NDLEA also alleged that Kyari held over N207 million and €17,598 in various bank accounts, which were not declared, and claimed the trio had “disguised ownership of properties and converted monies.”
The defendants pleaded not guilty to the 23-count charge, filed under Section 35 (3) (a) of the NDLEA Act and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.
During Thursday’s proceedings, Justice Omotosho heard submissions from the NDLEA’s counsel, Sunday Joseph; Kyari’s lawyer, Onyechi Ikpeazu, SAN; and the brothers’ lawyer, Monjok Agom, before delivering his judgment.