Suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers have lost their bid to stop their ongoing trial over allegations of failure to declare assets.
Justice James Omotosho of the Federal High Court in Abuja, on Tuesday, dismissed their no-case submission, ruling that the National Drug Law Enforcement Agency (NDLEA) had established a prima facie case warranting the defendants to enter their defence.
The NDLEA, in a 23-count charge, accused Abba Kyari, Mohammed Kyari, and Ali Kyari of failing to fully disclose their assets, disguising ownership of properties, and converting proceeds suspected to be from illegal activities.
The alleged offences contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
In his ruling, Justice Omotosho held that the prosecution’s evidence and exhibits were sufficient to connect the defendants to the alleged crimes.
“The prosecution has presented enough evidence to justify continuation of the trial. Any connection of the defendants with the offences, no matter how minimal, constitutes prima facie evidence,”
he stated.
The judge emphasized that the ruling did not imply guilt but was to ensure the defendants could exercise their constitutional right to defend themselves as guaranteed under Section 36 of the 1999 Constitution.
“The defendants remain innocent until proven guilty. The prosecution still bears the responsibility of proving its case beyond reasonable doubt,”
Justice Omotosho added.
He therefore dismissed the no-case submissions and ordered the defendants to open their defence within three days. The matter was adjourned until November 4 for that purpose.
During the prosecution’s case, the NDLEA called 10 witnesses and tendered about 20 exhibits.
Rather than open their defence after the prosecution closed its case, the defendants opted to file a no-case submission, arguing that the evidence was insufficient.
