The Federal High Court, Abuja, on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, over a 23-count charge of alleged non-declaration of assets brought against him by the National Drug Law Enforcement Agency (NDLEA).
Justice James Omotosho, delivering judgment, ruled that the prosecution failed to provide sufficient evidence linking Kyari and his two brothers to the properties under scrutiny. The charges, which also included allegations of swearing false affidavits to conceal the origins of certain assets, were therefore unsubstantiated.
The court noted that the NDLEA did not tender credible documents proving ownership of landed properties in Fountain Estate, Kasana, reportedly belonging to Ramatu Kyari, or properties located along Linda Choko Road, Asokoro, and in Maiduguri, Borno State. Justice Omotosho emphasized that ownership of landed property could be established through traditional history, title documents, acts of possession, or possession by connection — none of which was presented by the prosecution.
“On the evidence presented, it is clear that the prosecution has not established ownership of the said properties by the accused. The explanation that the Maiduguri properties were inherited from the late father of the accused stands unchallenged,” the judge held.
The court further dismissed the allegation of conspiracy involving Kyari’s brothers, stating that the charge was not substantiated. Consequently, Kyari and his siblings were discharged and acquitted on all counts.
The ruling brings to a close one of the high-profile legal battles involving the suspended police officer, whose career has been dogged by controversies linked to allegations of impropriety. Legal analysts say the decision underscores the challenges of prosecuting asset declaration cases in Nigeria where documentary evidence is often incomplete or inconclusive.
Kyari, who has been suspended pending investigation into other ongoing allegations, has not commented publicly on the ruling.
The NDLEA had alleged that Kyari failed to declare certain assets, including land and houses, and misrepresented information in sworn affidavits. However, the court found the prosecution’s case “lacking in credibility” and unable to meet the burden of proof required for conviction.
Legal observers note that the judgment could set a precedent for similar asset declaration cases, particularly in ensuring that prosecutions are backed by verifiable documentation and evidence of ownership.
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The acquittal comes amid ongoing debates over police reform and accountability, with public scrutiny of senior officers intensified in recent years. Analysts argue that transparency in asset declaration remains a critical tool in curbing corruption within the security agencies.
The court’s decision also offers relief to Kyari’s family, who were implicated alongside him in the charges. Justice Omotosho emphasized that the law presumes innocence until proven guilty and that speculative claims or unverified allegations cannot suffice for conviction.
Kyari’s discharge is expected to revive discussions on the effectiveness of anti-corruption and asset declaration enforcement in Nigeria, particularly regarding high-ranking officials in law enforcement agencies.
