The Federal High Court in Abuja on Thursday, dismissed a case filed by the National Drug Law Enforcement Agency, NDLEA, against suspended DCP Abba Kyari on allegations bordering on non-disclosure of assets.
Justice James Omotosho dismissed the suit, filed against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, for failure of the anti-narcotic agency to prove its case beyond reasonable doubt.
The judge held that the burden of proving a case beyond reasonable doubt falls in the prosecution which it had failed to do so.
Justice Omotosho described the case against Kyari and his brothers as “persecution.”
The judge consequently discharged and acquitted the defendants of the chargee.
The News Agency of Nigeria (NAN) reports that the NDLEA is prosecuting Kyari, the former head of Police Intelligence Response Team (IRT), and his two brothers on allegations bordering on non-disclosure of assets.
Justice James Omotosho fixed the date after counsel for the NDLEA, Sunday Joseph; Kyari’s lawyer, Onyechi Ikpeazu, SAN, and his brothers’ counsel, Monjok Agom, adopted their processes and presented their arguments for and against the charge.
The NDLEA, in the 23-count charge, named Abba, Mohammed and Ali as 1st to 3rd defendants respectively.
The anti-narcotics agency alleged that Abba and his two younger brothers; Mohammed and Ali, failed to make full disclosure of their assets.
It said it uncovered 14 assets, including shopping malls, residential estate, polo playground, lands and farmland belonging to Kyari.
Kyari was alleged to have failed to disclose his ownership of the property in different locations in the Federal Capital Territory, Abuja and Maiduguri in Borno.
The NDLEA alleged that over N207 million and Є17, 598 were also discovered in Kyari’s various accounts in Guarantee Trust Bank, United Bank for Africa and Sterling Bank.
The agency, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”
The NDLEA said the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.
They however pleaded not guilty to all the counts.