Assets Declaration: Court Discharges, Acquits Suspended DCP Abba Kyari

Federal High Court Judge Justice James Omotosho, sitting in Abuja, has cleared suspended Deputy Commissioner of Police (DCP) Abba Kyari of all 23 counts of alleged failure to declare assets, brought against him by the National Drug Law Enforcement Agency (NDLEA).

Kyari was arraigned alongside his two brothers, who were accused of allegedly swearing to false affidavits to conceal the origin of some properties said to be linked to the former police officer.

Delivering judgment, Justice Omotosho held that the prosecution failed to provide sufficient evidence to establish the allegations against the defendants.

The court said the NDLEA did not tender credible evidence to prove that the properties allegedly linked to Kyari were truly owned by him.

The judge explained that ownership of landed property could be established through several means.

“Proving ownership of landed properties can be done through traditional history, title documents, acts of possession, or possession by connection,” the judge said.

However, the court held that none of these forms of proof were presented before it.

The court specifically noted that the prosecution failed to establish that the property located at Fountain Estate, Kasana, which belongs to Ramatu Kyari, was owned by Abba Kyari.

Justice Omotosho also ruled that the prosecution did not present any material evidence linking the suspended police officer to other properties located on Linda Choko Road, Asokoro, Abuja, and in Maiduguri, Borno State.

During the trial, Kyari had told the court that the property in Borno State belonged to his father and was inherited by him and his siblings.

The court held that the prosecution failed to disprove this claim.

Justice Omotosho further held that the NDLEA failed to establish the alleged conspiracy against Kyari’s brothers.

According to the court, the prosecution could not prove that the defendants deliberately swore to false affidavits to conceal the origin of the properties.

The judge consequently ruled that the charges were not supported by credible evidence.

In its final decision, the court described the prosecution’s case as weak and lacking sufficient proof.

Justice Omotosho therefore discharged and acquitted Kyari and his brothers of all charges.

The court also noted that the defendant had served the country and should not be subjected to persecution without credible evidence.