A Federal High Court in Abuja has cleared suspended Deputy Commissioner of Police Abba Kyari and his two brothers of allegations relating to the non-declaration of assets.
Delivering judgment, Justice James Omotosho ruled that the prosecution failed to establish its claims against the defendants.
The case had been brought by the National Drug Law Enforcement Agency (NDLEA), which accused Kyari of concealing ownership of several properties through a 23-count charge.
Kyari was tried alongside his brothers, who were alleged to have sworn false affidavits in an attempt to hide the true ownership of certain properties believed to be connected to the former police officer.
However, the court found that the prosecution did not present convincing evidence to support the allegations.
Justice Omotosho noted that ownership of landed property can be proven in several ways, including through historical records, valid title documents, acts demonstrating possession, or possession connected to another owner.
The Trials Of Kyari
According to the judge, none of these methods were successfully demonstrated during the trial.
The court specifically stated that the NDLEA failed to show that a property located at Fountain Estate in Kasana, reportedly belonging to Ramatu Kyari, was actually owned by Abba Kyari.
Justice Omotosho also held that investigators did not provide evidence linking Kyari to other properties said to be located on Linda Choko Road in Asokoro, Abuja, and another in Maiduguri, Borno State.
During the proceedings, Kyari maintained that the property in Borno State was originally owned by his father and later inherited by him and his siblings.
The court ruled that the prosecution did not produce evidence capable of contradicting this explanation.
Conspiracy
The judge further determined that the allegation of conspiracy against Kyari’s brothers was not proven, noting that there was no credible proof that they intentionally swore false affidavits to conceal the origin of any assets.
In his final ruling, Justice Omotosho described the prosecution’s case as weak and unsupported by sufficient evidence.
Consequently, the court discharged and acquitted Kyari and his brothers of all charges.
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The judge also remarked that individuals who have served the country should not face persecution in the absence of solid and credible evidence.