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A Federal High Court in Abuja has dismissed charges filed against suspended Deputy Commissioner of Police, Abba Kyari, after ruling that the prosecution failed to provide sufficient evidence to support the allegations.
Delivering judgment on Thursday, Justice James Omotosho held that the National Drug Law Enforcement Agency (NDLEA) did not establish a credible case linking Kyari to the properties cited in the charge. The judge stated that the evidence presented by the prosecution fell short of the legal requirements needed to prove ownership or wrongdoing.
Kyari had been arraigned alongside his brothers, Mohammed Kyari and Ali Kyari, who were accused of swearing false affidavits in an alleged attempt to conceal the ownership of certain properties believed to be connected to the suspended police officer.
In his ruling, Justice Omotosho explained that under Nigerian law, ownership of landed property can be proven through several recognized means, including traditional history, title documents, acts of possession, or other forms of evidence demonstrating control and ownership. However, the court found that none of these forms of proof were presented by the prosecution.
The judge specifically noted that the NDLEA failed to establish that a property located in Fountain Estate, Kasana, which was said to belong to Ramatu Kyari, was in fact owned by Abba Kyari. He also ruled that there was no evidence linking the officer to other properties mentioned in the charge, including buildings located on Linda Choko Road in Asokoro, Abuja, and another in Maiduguri, Borno State.
During the trial, Kyari maintained that the Maiduguri property belonged to his late father and had been inherited by him and his siblings. The court held that the prosecution did not provide any evidence to contradict this claim.
Justice Omotosho further dismissed the conspiracy allegation brought against Kyari’s brothers, stating that the claim was not supported by credible proof. He described the entire case presented by the prosecution as weak and lacking in substantiating evidence.
The judge also remarked that Kyari had previously served the nation and should not face persecution in the absence of convincing proof of wrongdoing.
Despite the ruling, Kyari’s legal troubles are not yet over. The suspended police officer and four other officers are currently facing a separate trial before Justice Emeka Nwite over their alleged involvement in a cocaine trafficking case.
