Olayiwola Matthew
The Federal High Court in Abuja has discharged and acquitted Abba Kyari, the suspended deputy commissioner of police, of a 23-count charge of alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency.
In a judgment delivered on Thursday, Justice James Omotosho held that the prosecution failed to establish its case against Kyari and the other defendants.
Kyari was charged alongside his two brothers, who were accused of swearing false affidavits to conceal the origin of certain properties allegedly linked to the police officer.
The judge ruled that the prosecution did not tender credible documents linking Kyari to landed properties in Fountain Estate, Kasana, said to belong to Ramatu Kyari, or to properties located on Linda Choko Road in Asokoro and in Maiduguri, Borno State.
He noted 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.
Justice Omotosho further held that Kyari’s explanation that the Maiduguri properties belonged to his late father and were inherited by him and his siblings was not disproved by the prosecution. He added that the charge of conspiracy against his brothers was not established.
The court consequently discharged and acquitted the defendants on all counts.
