A Federal High Court in Abuja has discharged and acquitted the suspended ‘Supercop’ DCP Abba Kyari of the non-declaration of assets charge filed against him and his two brothers by the National Drug Law Enforcement Agency (NDLEA).
This is just as the NDLEA clarified that the acquittal has nothing to do with the ongoing trial on alleged drug trafficking, assuring that the agency would pursue the drug case to the end.
In a judgment delivered on Thursday in the non-disclosure of asset charge, 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 on the prosecution which had failed to do so.
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Justice Omotosho described the case against Kyari and his brothers as "persecution".
The judge consequently discharged and acquitted the defendants of the charge.
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 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 first to third 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 (FCT), Abuja and Maiduguri in Borno State.
The NDLEA alleged that over N207 million and €17,598 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.
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They however pleaded not guilty to all the counts. (NAN)
