Court Acquits Abba Kyari Of 23-Count Asset Declaration Charge

Justice James Omotosho of the Federal High Court, Abuja, has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets instituted against him by the National Drug Law Enforcement Agency (NDLEA).

Kyari was arraigned alongside his two brothers, who were accused of swearing to false affidavits in an alleged attempt to conceal the origin of certain properties.
Delivering judgment, Justice Omotosho held that the prosecution failed to provide sufficient and credible evidence to substantiate the allegations, particularly those relating to the purported non-declaration of landed properties.

The court explained that ownership of landed property can be established through traditional history, title documents, acts of possession, or possession by connection. However, the prosecution did not present any of these legally recognised forms of proof to establish that the properties at Fountain Estate, Karsana, said to belong to Ramatu Kyari, were owned by the defendant.

The judge further held that no material evidence was tendered to link Kyari to properties located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State. In his defence, Kyari maintained that the Borno properties were inherited from his late father and jointly owned with his siblings. The court ruled that the prosecution failed to prove otherwise.

Justice Omotosho also faulted the decision to charge Kyari’s brothers with conspiracy, describing it as an allegation that was not substantiated. He characterised the case as weak and lacking credible evidence, adding that the defendant, having served the country, ought not to be subjected to persecution.