A Federal High Court in Abuja has discharged and acquitted suspended DCP Abba Kyari, former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF), and his two brothers, Mohammed and Ali, on charges bordering on non-disclosure of assets.
In a judgment, Thursday, Justice James Omotosho found that the prosecuting agency, National Drug Law Enforcement Agency (NDLEA), failed to prove its case beyond reasonable doubt.
Justice Omotosho held that the NDLEA failed to discharge the burden of proving the criminal allegations with sufficient evidence.
He said, “The defendants are still presumed innocent, and thus, a heavy burden rests on the prosecution to establish their guilt beyond a reasonable doubt. Failure to do so will see the defendants walk home free.”
Justice Omotosho said that it was quite unfortunate that Abba Kyari, who, from the evidence before the court, had served the country bravely and competently, handling very dangerous assignments to ensure that the country is secure, would be arraigned upon a baseless charge.
The judge added: “For a Nigerian to put his life on the line for this country and then be rewarded with being charged for offences that are quite ridiculous is baffling, to say the least.
“There is nothing to hold the defendants to base on the evidence presented by the prosecution. Thus, the defendants will be discharged and acquitted of all counts in this charge.
“In the final analysis, the prosecution has failed to discharge the burden of proof of it by establishing the guilt of the defendants beyond a reasonable doubt.
“The case presented is gravely doubtful and lacks substance. Consequently, the defendants are discharged and acquitted on all counts.”
The NDLEA had last year arraigned the three on a 23-count charge, marked: FHC/ABJ/CR/408/2022, in which it accused them of failing to make full disclosure of their assets.
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 charge, also accused them of “disguising of ownership of properties and conversion of monies.”
This case, decided on Thursday, is different from a separate one in which Kyari is being prosecuted by the NDLEA along with four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba, and Inspector John Nuhu.
Kyari and others are charged with conspiracy to deal in 17.55kg of cocaine; dealing in cocaine without lawful authority; conspiracy to tamper with cocaine, and unlawfully tampering with the 21.35kg of cocaine seized from two drug dealers.
…NCoS speaks
Meanwhile, the Nigeria Correctional Service (NCoS) FCT Command, Thursday, said the suspended Deputy Commissioner of Police, Abba Kyari, is still in its custody.
The command’s Public Relations Officer, Samson Duza, said this was in spite of Kyari being discharged in one of the cases against him.
Duza gave the clarification in an interview Thursday in Abuja while reacting to reports that Kyari had been discharged by a court.
He stated that Kyari was facing two separate cases, adding that the recent court decision only affected the charge bordering on alleged wrongful declaration of assets.
He said the court discharged Kyari in that case after ruling that the prosecution failed to provide sufficient evidence to sustain the allegations.
“He is having two cases. One for wrongful declaration of assets and the other for a drug-related offence.
“The one for wrongful declaration of assets is the one he was discharged for lack of merit or evidence.”
He added that Kyari remained in custody because the second case involving alleged drug offences was still before the court.
“The ongoing drug-related trial has not been concluded, and as such, Kyari would continue to remain in the custody of the NCoS pending the outcome of the proceedings,” he said. (Additional report by NAN)