Suspended Deputy Commissioner of Police, Abba Kyari, on Wednesday told the Federal High Court in Abuja that several properties linked to him by the National Drug Law Enforcement Agency belonged to his late father and were jointly owned by his 30 siblings.
Kyari, who opened his defence before Justice James Omotosho, said his late father left behind more than 20 houses in Maiduguri, Borno State.
He added that some of the properties were sold to fund his father’s medical bills before his death.
He maintained that he could not have declared the properties in his assets form since he had not received his portion.
Under cross-examination by NDLEA counsel, Sunday Joseph, Kyari said,
“My Lord, I cannot put my interest about the property in the form because the 20 houses belong to my father and not me. If I get my percentage of share, I can put it, but until when I get my own percentage. All the properties left behind by my father belong to all his children and we are about 30 in number.”
Kyari is facing 23 counts filed against hum by the NDLEA, which alleged that he and two co-defendants, Mohammed Kyari and Ali Kyari, failed to fully declare their assets, disguised ownership of properties and converted funds contrary to the law.
The charges, marked FHC/ABJ/CR/408/2022, allegedly contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011. The prosecution has so far called 10 witnesses and tendered 20 exhibits before closing its case.
The defendants had filed a no-case submission, but the court dismissed it on October 28, ruling that a prima facie case had been established.
Justice Omotosho noted that the ruling did not imply guilt but allowed the defendants to enter their defence, stressing that they remain presumed innocent until proven otherwise.
Meanwhile, Kyari argued that the NDLEA failed to prove ownership of the properties tied to him, citing Section 128 of the Evidence Act, which he said requires certified true copies of title documents to prove transactions over state lands.
“About four of the properties were sold then,” he noted.
Kyari, who holds a BSc in Geography and joined the Nigeria Police Force on May 1, 2000, said he was conversant with the asset-declaration process.
Asked whether he declared his interest in the inherited properties, he responded that he could not since the assets were collectively owned.
“I cannot include my father’s properties in my asset-declaration form because they belong to the entire family, not me. If I get my percentage share, I can declare it, but not before then,” he said.
He added that proceeds from some sales were distributed among relatives in need.
Kyari also admitted that he initially declined to complete the asset-declaration form when invited by NDLEA operatives, insisting that his lawyers must be present.
“Yes, I said I would not make a statement until my lawyers were around,” he said, adding that one officer informed him that refusal to fill the form was a criminal offence.
Kyari further testified that the millions of naira traced to his bank accounts came from operational funds released by the police and some governors for security operations.
He said that as former Commander of the Anti-Robbery Squad and later head of the Intelligence Response Team, he supervised over 1,000 operations, with funds often routed through his account for disbursement.
When asked why funds channelled through the Central Bank of Nigeria were sent to his relatives, Kyari said the money was used to repay loans he obtained from them to fund urgent operations due to bureaucratic delays in official releases.
Justice Omotosho noted that whether family properties should be declared would be addressed in the parties’ final written addresses.
The NDLEA tendered several bank documents, which Kyari confirmed bore his name. The prosecution then sought an adjournment to obtain additional documents for further cross-examination.
Justice Omotosho adjourned the matter until November 12 for continuation of the hearing.
punch.ng
FOLLOW US ON:
