A Federal High Court sitting in Abuja on Thursday dismissed the case instituted by the National Drug Law Enforcement Agency against suspended Deputy Commissioner of Police, Abba Kyari, over allegations related to failure to disclose assets.
Delivering judgment, Justice James Omotosho ruled that the anti-narcotics agency did not establish its allegations beyond a reasonable doubt.
The court emphasised that in criminal proceedings, the responsibility of proving the charges rests entirely with the prosecution, which in this instance did not successfully discharge that obligation.
The judge stated that the evidence presented by the agency failed to convincingly substantiate the claims made against the suspended police officer and others joined in the suit. Based on the evaluation of the facts before the court, Justice Omotosho concluded that the allegations were not sufficiently proven under the standard required by law.
In his ruling, the judge described the case as “persecution,” indicating that the circumstances surrounding the prosecution did not meet the threshold necessary to sustain a criminal conviction. Consequently, the court ordered that the defendants be discharged and acquitted of the charges brought against them.
The News Agency of Nigeria reported that the anti-narcotics agency had initiated the legal action against Kyari and two of his younger siblings over allegations related to asset declaration. The case formed part of legal proceedings connected to the activities of the suspended police officer, who previously served as the head of the Police Intelligence Response Team.
During the proceedings leading up to the ruling, lawyers representing the parties presented their written submissions and legal arguments before the court. After reviewing the positions put forward by both sides, the court fixed a date for judgment.
The agency had filed a 23-count charge against the defendants, accusing them of failing to fully disclose assets as required by law. According to the prosecution, investigations allegedly uncovered several properties linked to Kyari, including shopping complexes, residential developments, land holdings, agricultural properties and a polo playground.
The prosecution further claimed that some of the properties were located within the Federal Capital Territory, Abuja, while others were said to be situated in Maiduguri, Borno State. In addition to the alleged properties, the agency stated that financial records showed large sums of money in different bank accounts associated with Kyari.
According to the allegations presented in court, investigators claimed to have discovered more than two hundred million naira and several thousand euros across multiple accounts. The agency also accused the defendants of disguising the ownership of properties and converting funds.
The charges were filed under provisions of the National Drug Law Enforcement Agency Act and the Money Laundering (Prohibition) Act, 2011. Despite the accusations, the defendants maintained their innocence throughout the trial and pleaded not guilty to all the counts brought against them.
After examining the arguments and evidence presented by both the prosecution and defence, the court ultimately found that the case did not meet the legal threshold required to sustain a conviction, leading to the dismissal of the charges.
What you should know
Abba Kyari is a former high-profile Nigerian police officer who once led the Police Intelligence Response Team and gained national attention for his role in several criminal investigations.
In recent years, however, he has faced multiple legal controversies and investigations. The case dismissed by the Federal High Court in Abuja involved allegations related to asset declaration and financial conduct.
With the court ruling that the prosecution failed to prove its claims beyond a reasonable doubt, Kyari and the other defendants were discharged and acquitted of the charges in this particular case.
