The Federal High Court in Abuja has discharged and acquitted Abba Kyari, a suspended Deputy Commissioner of Police, of a 23-count charge bordering on alleged non-declaration of assets.
Justice James Omotosho, who delivered the judgement, held that the prosecution failed to establish the allegations brought against Kyari by the National Drug Law Enforcement Agency (NDLEA).
Kyari had been charged alongside his two brothers, who were accused of swearing to false affidavits in what prosecutors described as an attempt to conceal the ownership and origin of certain properties.
In his ruling, Justice Omotosho stated that the NDLEA did not provide sufficient evidence to prove that Kyari owned the properties in question.
The court explained that ownership of landed property could be established through traditional history, valid title documents, acts of possession, or possession through a recognised connection.
However, the prosecution failed to present any of these forms of proof.
According to the court, the NDLEA was unable to establish that properties located at Fountain Estate, Karsana, which belong to Ramatu Kyari, were owned by Abba Kyari.
The judge also ruled that no material evidence was presented linking Kyari to other properties located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
During the trial, Kyari maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings.
The court held that the prosecution failed to disprove this claim.
Justice Omotosho further criticised the prosecution for charging Kyari’s brothers with conspiracy without presenting evidence to support the allegation.
Describing the case as weak and lacking credible evidence, the judge said the charges could not be sustained.
He added that Kyari had served the country diligently and should not be subjected to persecution in the absence of proof.
