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On Thursday, a Federal High Court in Abuja cleared suspended Deputy Commissioner of Police Abba Kyari of 23 counts related to allegedly failing to declare assets that the National Drug Law Enforcement Agency (NDLEA) had brought against him.
In his ruling, Justice James Omotosho concluded that the anti-drug agency had not provided enough proof to support the accusations made against the suspended police officer and his two brothers, who had also been charged.
In an attempt to hide the true ownership of several landed properties, Kyari’s brothers allegedly swore to fraudulent affidavits, according to the NDLEA, which also accused Kyari of neglecting to report some assets.
The prosecution, however, was unable to present reliable evidence connecting Kyari to the properties in question, the court decided.
In particular, Justice Omotosho pointed out that the NDLEA failed to prove any link between Kyari and the properties purportedly owned by one Ramatu Kyari at Fountain Estate, Kasana.
The prosecution’s failure to provide evidence connecting the suspended officer to homes in Maiduguri, Borno State, and Linda Choko Road in Asokoro, Abuja, was also ruled by the court.
The judge stated that acts of possession, possession by connection, legitimate title documents, or traditional history could all be used to prove ownership of landed property.
He said that the prosecution had not provided enough evidence to establish Kyari’s ownership of the assets purportedly connected to him.
Kyari defended himself by claiming that he and his siblings inherited the Maiduguri homes from their late father.
During the trial, Justice Omotosho noted that the prosecution did not refute this allegation.
The prosecution failed to prove the claim and seemed to have acted dishonestly in bringing the complaint against Kyari’s brothers, therefore the judge rejected the conspiracy indictment as well.
As a result, the court dismissed and cleared Kyari and the other defendants on all 23 counts, finding that the NDLEA’s case lacked validity. Hearings on the NDLEA’s substantive drug case against him continue on March 6, therefore he is still not free.
In the meantime, the National Drug Law Enforcement Agency (NDLEA) has made it clear that its substantive drug trafficking case against Abba Kyari, the suspended Deputy Commissioner of Police, is still ongoing and will resume in court on March 16.
The agency emphasized that the case is distinct from another case in which Kyari was released on Thursday and stated that the case will resume before Justice Emeka Nwite of the Federal High Court, Abuja.
The clarification was provided by NDLEA in response to a decision made by Justice James Omotosho, who cleared Kyari of a 23-count indictment that included allegations of money laundering and failing to declare assets.
NDLEA’s Director of Media and Advocacy, Femi Babafemi, discussed the development in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja. He clarified that Justice Omotosho’s decision should not be confused with the primary drug-related prosecution against the suspended police officer.
Babafemi emphasized that the drug trafficking trial is still in progress and will proceed before Justice Nwite as planned.
“I must first make it clear that Justice Omotosho’s decision is entirely distinct from the primary and substantive drug case that is now pending before Justice Emeka Nwite of the Federal High Court, Abuja on Monday, March 16.
“That one is definitely on track. He insisted that the case decided by Justice Omotosho today is a distinct instance of money laundering and asset non-declaration.
Before determining whether to contest the decision that released Kyari, Babafemi stated that the prosecution team of the agency would review the specifics of the ruling.
He claims that in order for the agency to decide on its next course of action, the legal staff has already been instructed to get the Certified True Copy (CTC) of the ruling.
“The prosecution team has been instructed to apply for the Certified True Copy of the judgment, which details will help the management take a decision on what next to do,” Babafemi said in response to your inquiry about whether the agency will appeal the decision.
The NDLEA spokesperson reaffirmed the agency’s commitment to following the substantive drug case through to its natural conclusion in accordance with the rule of law and due process.
According to NAN, Kyari, a former head of the Nigeria Police Force’s Intelligence Response Team, is being prosecuted by the anti-drug organization for allegedly participating in drug-related offenses.
The next phase of the trial at the Federal High Court in Abuja is anticipated to begin on March 16 when the case is continued before Justice Nwite.We still have him under our care, NCoS
However, Abba Kyari, the suspended Deputy Commissioner of Police, is still being held by the Nigeria Correctional Service (NCoS) FCT Command.
Samson Duza, the command’s Public Relations Officer (CPRO), stated that this was the situation despite Kyari’s dismissal in one of the cases brought against him.
In response to rumors that Kyari had been released by a court, Duza provided the explanation in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja.
He clarified that Kyari was dealing with two distinct instances, pointing out that the new court ruling only had an impact on the alleged improper declaration of assets claim.
He claims that after finding that the prosecution had not produced enough proof to support the accusations, the court dismissed Kyari from that case.
He’s dealing with two cases. One for an offense involving drugs, and the other for a false declaration of assets.
“He was discharged for lack of merit or evidence in the wrongful declaration of assets case.”
According to the CPRO, the prosecution was unable to support the accusations made against the suspended police officer, and the presiding judge regarded the case as weakened.
He emphasized that Kyari was still detained because the court was still considering the second case concerning alleged narcotics offenses.
“Kyari would remain in the custody of the NCoS pending the outcome of the proceedings, as the ongoing drug-related trial has not been concluded,” he stated.
According to NAN, Kyari, a former head of the Nigeria Police Force’s Intelligence Response Team (IRT), has been embroiled in legal disputes as a result of claims that he was involved in narcotics trafficking.
According to NAN, the jail authorities’ explanation came after several rumors that Kyari had received a complete court discharge.
The NCoS reaffirmed that the suspended police officer is still in legal custody while the court considers the drug-related case.
