The Federal High Court on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency.
Justice James Omotosho, who delivered the judgment, held that the anti-narcotics agency failed to provide sufficient evidence to establish the allegations against Kyari and his two brothers, who were also arraigned in the charge for allegedly swearing to false affidavits to conceal the origin of certain properties.
The judge held that the prosecution did not present credible materials linking Kyari to the landed properties said to be located at Fountain Estate, Kasana, which were alleged to belong to Ramatu Kyari.
According to the court, the prosecution equally failed to provide evidence connecting the suspended police officer to other properties said to be located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
Justice Omotosho noted that ownership of landed property could be established through traditional history, title documents, acts of possession or possession by connection, adding that none of these was presented by the prosecution to prove that the properties allegedly linked to Kyari were indeed owned by him.
The court further held that Kyari, in his defence, maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings, a claim the prosecution failed to disprove during the trial.
The judge also faulted the conspiracy charge filed against Kyari’s brothers, holding that the prosecution failed to establish the allegation and appeared to have charged them in bad faith.
Justice Omotosho consequently held that the case presented by the NDLEA lacked merit and discharged and acquitted Kyari and the other defendants on all 23 counts.
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