Copyright nigerianeye
A Federal High Court in Abuja on Tuesday dismissed a no-case submission by suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers, ruling that the prosecution has established sufficient evidence to warrant their defence in a 23-count charge of asset non-disclosure and money laundering. Justice James Omotosho delivered the verdict in charge number FHC/ABJ/CR/408/2022, filed by the National Drug Law Enforcement Agency (NDLEA). The charges accuse Kyari, alongside Mohammed Kyari and Ali Kyari, of failing to fully declare their assets, disguising property ownership, and converting illicit funds offences punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011 (as amended). These allegations stem from investigations into Kyari's financial dealings, highlighting broader concerns over accountability in Nigeria's security apparatus. The NDLEA, which closed its case after calling 10 witnesses and tendering at least 20 exhibits, including property documents, bank statements, and transaction records argued that the evidence demonstrated a clear link between the defendants and undeclared assets valued in the millions of naira. The exhibits reportedly included titles to high-value properties in Abuja and other locations, allegedly acquired without corresponding income declarations, raising red flags on potential proceeds from unlawful activities. Kyari's legal team, led by Dr. Obinna Onyia, had urged the court to discharge the defendants, contending under Section 128 of the Evidence Act, 2011, that the prosecution failed to produce certified true copies of title documents proving ownership. "Transactions over state lands can only be proven by production of certified true copies of the title documents and no other form of evidence is admissible," Onyia's written address stated, insisting no prima facie case had been made. However, Justice Omotosho disagreed, emphasizing that the prosecution's evidence created "sufficient ground for proceeding with this trial." In a detailed 15-page ruling, the judge clarified that a prima facie case does not imply guilt but merely requires the defendants to address unresolved issues. "In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in these regards," Omotosho stated. He further noted, "A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence," citing Section 135(1) of the Evidence Act and Section 36 of the 1999 Constitution (as amended), which guarantees the right to a fair hearing. The judge emphasised on the gravity of the charges, which directly impact the defendants' liberty, and affirmed that they had not waived their right to defend themselves. "I must say here that holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge. It is simply to allow the defendants exhaust their options for their defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision," he added. This ruling marks another setback for Kyari, a once-celebrated anti-robbery specialist with the Nigeria Police Force's Intelligence Response Team (IRT), whose career has been mired in controversies. Suspended in 2021 amid allegations of professional misconduct in a high-profile drug case involving Bollywood actor Prince Kwadwo Fori, Kyari has faced multiple probes by the NDLEA and the Independent Corrupt Practices Commission (ICPC). Although this specific case focuses on financial impropriety rather than narcotics, it portrays persistent scrutiny over his assets, estimated to include luxury vehicles, real estate, and bank holdings disproportionate to his official salary. NDLEA spokesperson Femi Babafemi hailed the decision as a "vital step toward transparency in public service," noting in a statement that the agency remains committed to recovering assets linked to economic crimes. Legal experts, including Lagos-based rights advocate Malachy Ugwummadu, described the outcome as "a win for procedural justice," warning that failure to disclose assets erodes public trust in institutions tasked with upholding the law. The court has adjourned the matter to November 4, 5, and 6, 2025, allocating three days for the defence to present witnesses, exhibits, or oral testimonies. Failure to do so could lead to potential conviction on the strength of the prosecution's case alone. Click to signup for FREE news updates, latest information and hottest gists everyday
