Abba Kyari Acquitted in Asset Declaration Case

Legal Victory for Suspended Police Officer

A Federal High Court in Abuja has delivered a significant legal victory for suspended Deputy Commissioner of Police (DCP) Abba Kyari. On Thursday, the court acquitted him of a 23-count charge related to alleged failure to declare assets. The case was brought by the National Drug Law Enforcement Agency (NDLEA), which had accused Kyari of not disclosing certain properties and other financial assets.

The judge, Justice James Omotosho, ruled that the prosecution did not provide sufficient evidence to support the allegations against Kyari and the other defendants involved in the case. He emphasized that the burden of proof lies with the prosecution, and in this instance, they failed to meet that standard.

Key Points of the Case

The NDLEA had charged Kyari alongside his brothers, Mohammed Kyari and Ali Kyari. The agency alleged that the brothers had sworn false affidavits to conceal the origin of some assets linked to the police officer. However, the court found that the anti-drug agency did not present credible evidence to establish ownership of the properties cited in the charges.

According to Justice Omotosho, ownership of landed property must be proven through recognized means such as traditional history, valid title documents, acts of possession, or possession connected to ownership. The prosecution, however, failed to present any of these forms of proof.

One of the properties in question was located in Fountain Estate, Kasana, which was said to belong to Ramatu Kyari. The court noted that there was no evidence to show that this property belonged to the suspended police officer. Similarly, the NDLEA did not produce credible evidence linking Kyari to other properties mentioned in the charge, including buildings on Linda Choko Road in Asokoro, Abuja, and another property in Maiduguri, Borno State.

Kyari’s Defense

During the trial, Kyari stated that the Maiduguri property belonged to his late father and had been inherited jointly by him and his siblings. The judge acknowledged that the prosecution did not disprove this claim, further supporting the acquittal.

The court also dismissed the conspiracy allegations against Kyari’s brothers. Justice Omotosho ruled that the prosecution did not provide evidence to substantiate the charge that they had sworn false affidavits to conceal property ownership. He described the prosecution’s case as weak and lacking credible proof.

Broader Implications

Justice Omotosho highlighted that Kyari had served the country and should not be subjected to persecution in the absence of convincing evidence. His ruling underscores the importance of due process and the need for the prosecution to meet high standards of evidence when bringing charges against public officials.

Despite this acquittal, Kyari and four other suspended police officers are still facing a separate trial before Justice Emeka Nwite of the Federal High Court. This trial involves allegations of involvement in a cocaine deal.

Two suspected drug traffickers arrested in connection with that case—Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne—were earlier convicted and sentenced to two years’ imprisonment in 2022. This ongoing legal battle highlights the complex interplay between law enforcement and judicial processes in Nigeria.

Conclusion

The acquittal of DCP Abba Kyari marks a pivotal moment in the legal proceedings involving the NDLEA and its investigations into asset declarations. It serves as a reminder of the critical role that evidence plays in criminal cases and the necessity for thorough and fair legal practices. As Kyari continues to face other legal challenges, the outcome of this case will likely influence future prosecutions and the handling of similar cases in the Nigerian legal system.