On Thursday, a Federal High Court in Abuja cleared suspended Deputy Commissioner of Police Abba Kyari of 23 counts related to alleged asset non-declaration 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 were also charged.
In an attempt to hide the true ownership of several landed properties, Kyari’s brothers allegedly signed to fraudulent affidavits, according to the NDLEA, which also accused Kyari of neglecting to report certain assets.
Nevertheless, the prosecution 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 Ramatu Kyari at Fountain Estate, Kasana.
The prosecution’s failure to provide evidence connecting the suspended officer to homes in Maiduguri, Borno State, and on Linda Choko Road in Asokoro, Abuja, was another ruling made by the court.
The judge stated that customary history, legitimate title documents, acts of possession, or possession by connection could all be used to prove ownership of landed property.
He claimed that none of these were adequately provided by the prosecution to demonstrate that Kyari actually owned the assets purportedly connected to him.
Kyari defended himself by arguing that he and his siblings inherited the Maiduguri homes from their late father.
During the trial, Justice Omotosho noted that the prosecution was unable to 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 charge against them as well.
As a result, the court dismissed and cleared Kyari and the other defendants on all 23 counts after finding that the NDLEA’s case was without merit. No freedom yet, since the NDLEA’s substantive drug case against him is scheduled to resume on March 6.
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 pending 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 it 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 23 counts related to alleged money laundering and failing to declare assets that the agency had brought against him.
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 the decision by Justice Omotosho should not be confused with the primary drug-related prosecution against the suspended police officer.
Babafemi emphasized that the drug trafficking trial is still proceeding 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 matter that will be heard by Justice Emeka Nwite of the Federal High Court, Abuja on Monday, March 16.
“That one is definitely on track.” He emphasized that the case decided by Justice Omotosho today is distinct in terms 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 verdict.
He claims that in order for the agency to decide on its next course of action, the legal staff has already been instructed to collect 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 responded when asked if the agency would appeal the decision.
In accordance with due process and the rule of law, the NDLEA spokesperson reaffirmed the agency’s commitment to take the substantive narcotics case to its logical conclusion.
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 being involved in drug-related offenses.
The next phase of the trial at the Federal High Court in Abuja is anticipated to be the continuation of the case before Justice Nwite on March 16.NCoS is still in charge of him.
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 true even though Kyari had been cleared in one of the cases brought against him.
In response to allegations 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 different instances, pointing out that the new court ruling only had an impact on the alleged improper declaration of assets claim.
He claims that the court dismissed Kyari in that case after finding that the prosecution had not produced enough proof to support the accusations.
He has two cases. One for a drug-related offense, and the other for a false declaration of assets.
“He was dismissed for lack of merit or evidence in the wrongful declaration of assets case.”
The CPRO clarified that the prosecution was unable to support the accusations made against the suspended police officer, and the presiding judge characterized the evidence as weakened.
He emphasized that Kyari was still being held because the court was still considering the second case concerning alleged narcotics offenses.
“Kyari would continue to 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 court disputes due to accusations that he was involved in narcotics trafficking.
According to NAN, the jail authorities’ explanation came after several rumors that Kyari had been given a complete court discharge.
The NCoS reaffirmed that the suspended police officer is still in legal custody while the court decides the drug-related case.
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