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 filed against him.
In his ruling, Justice James Omotosho determined 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 effort 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.
The prosecution, however, was unable to present reliable evidence connecting Kyari to the disputed properties, the court decided.
In particular, Justice Omotosho pointed out that the NDLEA failed to prove any relationship 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 properties in Maiduguri, Borno State, and on Linda Choko Road in Asokoro, Abuja, was also ruled by the court.
The judge stated that customary history, legitimate title documents, acts of possession, or possession by connection could normally be used to prove ownership of landed property.
He claimed that none of these were adequately shown by the prosecution to demonstrate that Kyari actually owned the properties purportedly connected to him.
Kyari defended himself by claiming that he and his siblings inherited the Maiduguri homes from his late father.
During the trial, Justice Omotosho noted that the prosecution was unable to refute this assertion.
The prosecution failed to prove the claim and seemed to have acted dishonestly in bringing the complaint against Kyari’s brothers, therefore the judge also rejected the conspiracy charge against them.
As a result, the court dismissed and cleared Kyari and the other defendants on all 23 counts after concluding that the NDLEA’s case lacked validity. On March 6, the hearing on the NDLEA’s substantive drug case against him will resume, therefore there is currently no freedom.
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 is set to 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 in Abuja.
The explanation was provided by NDLEA in response to a decision reached by Justice James Omotosho, who cleared Kyari of a 23-count indictment that included allegations of money laundering and failing to declare assets.
NDLEA’s Director of Media and Advocacy, Femi Babafemi, discussed the event in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja. He clarified that the decision made 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 before Justice Nwite is still proceeding and will go as planned.
“I must first make it clear that Justice Omotosho’s decision is entirely distinct from the primary and substantive drug matter that is now pending before Justice Emeka Nwite of the Federal High Court, Abuja, on Monday, March 16.
“That one is exactly on track.” He insisted that the case decided by Justice Omotosho today involves non-declaration of assets and money laundering.
Babafemi stated that before determining whether to contest the decision that released Kyari, the prosecution team of the agency would examine the specifics of the ruling.
He claims that in order for the agency to decide its next course of action, the legal staff has already been instructed to seek 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 to your inquiry about whether the agency would appeal the decision or not.
The NDLEA spokesperson reaffirmed the organization’s commitment to following the substantive drug case through to its rational conclusion in accordance with the rule of law and due process.
According to NAN, the anti-drug agency is prosecuting Kyari, a former chief of the Nigeria Police Force’s Intelligence Response Team, for allegedly being involved in drug-related offenses.
The next round of the trial at the Federal High Court in Abuja is anticipated to begin on March 16 when the case is heard by Justice Nwite.He is still being held by NCoS.
However, the suspended Deputy Commissioner of Police, Abba Kyari, is still being held by the Nigeria Correctional Service (NCoS) FCT Command.
Samson Duza, the Public Relations Officer (CPRO) for the command, stated that despite Kyari’s dismissal in one of the charges against him, this still happened.
In response to allegations that Kyari had been released by a court, Duza provided the explanation during an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja.
He clarified that Kyari was dealing with two different issues, pointing out that the new court ruling only had an impact on the accusation of allegedly making a false declaration of assets.
He claims that after finding that the prosecution had not produced enough evidence to support the accusations, the court dismissed Kyari in that case.
“He has two cases at the moment. One for a drug-related offense, and the other for false asset declarations.
“He was released for lack of merit or evidence in the wrongful declaration of assets case.”
According to the CPRO, the prosecution was unable to prove 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 involving suspected drug offenses.
“Kyari would continue to remain in the custody of the NCoS pending the outcome of the ongoing drug-related trial, which has not yet 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 legal disputes over claims that he was involved in narcotics trafficking.
According to NAN, the jail authorities’ explanation came after numerous reports indicating that Kyari had received a complete court discharge.
The suspended police officer is still in legal custody while the court decides the drug-related matter, the NCoS reaffirmed.
