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.
Due to the anti-drug agency’s inability to establish its evidence beyond a reasonable doubt, Justice James Omotosho dismissed the lawsuit brought against Kyari and his younger brothers, Mohammed and Ali Kyari.
The judge ruled that the burden of proving a case beyond a reasonable doubt falls on the prosecution, which it had failed to do.
The NDLEA is prosecuting Kyari, the former head of the Police Intelligence Response Team (IRT), and his two brothers on allegations that border on non-disclosure of assets.
Justice James Omotosho set the date after NDLEA counsel Sunday Joseph, Kyari’s attorney Onyechi Ikpeazu, SAN, and his brothers’ attorney Monjok Agom adopted their procedures and presented their arguments for and against the charge.
In the 23-count complaint, the NDLEA listed Abba, Mohammed, and Ali as the first, second, and third defendants, respectively.
Abba and his two younger brothers, Mohammed and Ali, were accused by the anti-drug agency of not fully disclosing their holdings.
It claimed to have discovered 14 assets, including Kyari-owned farms, shopping centers, residential estates, and a polo playground.
Kyari was accused of failing to reveal that he had properties in Maiduguri, Borno, and the Federal Capital Territory, Abuja.
According to the NDLEA, Kyari’s several accounts at Guarantee Trust Bank, United Bank for Africa, and Sterling Bank also included over N207 million and €17,598.
They were additionally charged by the agency with “disguising ownership of properties and conversion of monies” in charge FHC/ABJ/CR/408/2022.
According to the National Drug Law Enforcement Agency Act’s Section 35(3)(a) and the Money Laundering (Prohibition) Act of 2011’s Section 15(3)(a), the offenses are criminal.
However, they entered a not-guilty plea to every charge.
