The Federal High Court in Abuja, on Thursday, dismissed a case of non-disclosure of assets filed towards a suspended deputy commissioner of police, Abba Kyari, and his youthful brothers.
Trial choose James Omotosho dismissed the costs on the grounds that the National Drug Law Enforcement Agency (NDLEA), which prosecuted the defendants, did not show the case past cheap doubt.
The choose held that the burden of proving a legal case past cheap doubt falls on the prosecution, an ordinary he stated the NDLEA failed to achieve within the case.
Mr Omotosho described the case towards Mr Kyari and his brothers – Mohammed Kyari and Ali Kyari – as “persecution”.
Consequently, the choose discharged and acquitted the defendants of the costs.
But the judgement doesn’t have an effect on a separate ongoing cocaine trial Mr Kyari is present process alongside 4 cops. The illicit drug case is earlier than choose Emeka Nwite.
He and his co-defendants, who’ve been denied bail within the cocaine trial, will stay below the detention order issued by the choose.
The News Agency of Nigeria (NAN) experiences that the NDLEA charged Mr Kyari, the previous head of Police Intelligence Response Team (IRT), and his two brothers with non-disclosure of assets in 2022.
The NDLEA alleged within the 23 prices that Mr Kyari and his two youthful brothers did not make full disclosure of their assets.
It stated it uncovered 14 assets, together with purchasing malls, a residential property, a polo playground, lands and farmland belonging to Mr Kyari, which he allegedly did not declare.
The NDLEA additionally alleged he did not disclose his possession of property in several areas within the Federal Capital Territory, Abuja, and Maiduguri in Borno, his house state.
The NDLEA alleged that the sums of N207 million and Є17,598 have been additionally found in Mr Kyari’s varied accounts in Guarantee Trust Bank, United Bank for Africa and Sterling Bank.
The company, within the cost marked: FHC/ABJ/CR/408/2022, additionally accused them of “disguising of ownership of properties and conversion of monies.”
The NDLEA stated the offences have been punishable below Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.
The defendants pleaded not responsible to all of the counts.
Denial throughout trial
During trial, Mr Kyari, who has been in detention since his trials started in 2022, denied possession of some of the property linked to him by the NDLEA.
Testifying as a defence witness on 5 November final 12 months, Mr Kyari, stated some of the property belonged to his late father, who had about 30 youngsters.
Led in proof by his lawyer, Onyechi Ikpeazu, a Senior Advocate of Nigeria (SAN), Mr Kyari, who expressed shock on the allegations, instructed the court docket that the paperwork for the assets are with the Ministry of Land in Borno State.
He additionally refuted the allegations that he owned the polo floor within the state, saying he was stunned that such a big expanse of polo floor could be attributed to him.
“Even Dangote who’s the richest man in Nigeria doesn’t personal such a property, how far more some like me.
“The polo ground has been in existence since when I was a child. We used to go there to play,” he stated.
Mr Kyari, nonetheless, admitted possession of a farmland positioned alongside Abuja-Kaduna Road, saying he had been on the farm within the final one decade.
He equally admitted that he operated accounts with United Bank for Africa (UBA), Access Bank and GTB, and that the over £7, 000 (kilos) present in his domiciliary account was earlier declared according to the legislation.
He stated his accounts have been frozen by the prosecution.
Mr Kyari, who instructed the court docket that he was not half of the workforce that went to arrest the 2 drug traffickers on the Akanu Ibiam, International Airport in Enugu States, alleged that the NDLEA officers on the airport have been indicted within the act.
He stated he was not arrested consequently of the allegations towards him however he submitted himself for investigation by his workplace.
Mr Kyari, who stated he was the top of the Police Intelligence Response Team (IRT) on the time, stated a number of high-profile criminals have been arrested by his workforce.
Arraignment
NDLEA arraigned the Kyari brothers in 2022 on 24 prices of non-disclosure of assets, cash laundering and concealment of assets.
The company filed the costs after accusing them of failing to make full disclosure of their assets, disguising possession of properties, and changing monies traced to them.
After the defendants have been arraigned, the NDLEA known as 10 witnesses to show its case and tendered at the very least 20 displays.
The defendants selected to file a no-case submission, urging the court docket to dismiss the costs towards them, on grounds together with that the NDLEA failed to supply proof exhibiting certainly that he was the proprietor of the stated property.
However, on 28 October 2025, the court docket dismissed the no-case submission filed by Mr Kyari and his two brothers.
The court docket dominated that that they had a case to reply and may enter their defence.
Cocaine trial
Mr Kyari, alongside 4 different suspended cops, is dealing with an ongoing trial earlier than one other choose of the Federal High Court in Abuja, Emeka Nwite, on cocaine deal prices.
His co-defendants who have been members of the particular tactical police unit, IRT, are Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.
Two drug traffickers who have been initially co-defendants within the case pleaded responsible and have since been convicted and jailed.
The two males, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, have been arrested by the IRT, pleaded responsible to the costs.
The two males have been convicted and subsequently sentenced to 2 years’ imprisonment by Mr Nwite in 2022.
Mr Kyari opened his defence within the case on 27 February.
(NAN)
