Adesakin Adefemi
A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency (NDLEA). The court held that the anti-narcotics agency failed to provide sufficient evidence to establish the allegations against Kyari and his two brothers, who were also arraigned in the charge.
The acquittal has brought relief to Kyari, who had been facing trial since 2022. The court ruled that the prosecution failed to provide credible evidence to support the allegations, and therefore, Kyari and his co-defendants were entitled to be discharged.
Justice James Omotosho, who delivered the judgment, said the prosecution did not present credible materials linking Kyari to the landed properties said to be located at Fountain Estate, Kasana. The judge noted that ownership of landed property could be established through traditional history, title documents, acts of possession or possession by connection, adding that none of these was presented by the prosecution to prove that the properties allegedly linked to Kyari were indeed owned by him.
The court also faulted the conspiracy charge filed against Kyari’s brothers, holding that the prosecution failed to establish the allegation and appeared to have charged them in bad faith. The judge said the prosecution’s failure to provide evidence to support the allegations was a major blow to their case.
Kyari, in his defence, maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings, a claim the prosecution failed to disprove during the trial. The court further held that the prosecution failed to provide evidence connecting Kyari to other properties said to be located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
The acquittal has sparked reactions, with some seeing it as a vindication of Kyari’s claims of innocence. Others have expressed concerns about the implications of the court’s decision, saying it sends the wrong message about corruption and accountability.
The NDLEA had accused Kyari of failing to declare his assets, including several properties allegedly owned by him and his family members. The agency had also alleged that Kyari had links to a notorious drug lord, Ramon Abbas, aka Hushpuppi, who was extradited to the United States for trial.
The case has been closely watched, given Kyari’s high-profile position as a senior police officer and his involvement in several high-profile cases. The outcome of the case has been seen as a test of the government’s commitment to fighting corruption and holding public officials accountable.
The court’s decision has also raised questions about the quality of investigation and prosecution in the case. Many are wondering if the prosecution was under pressure to secure a conviction, and if the court’s decision will embolden other public officials to engage in corrupt practices.
As the news of Kyari’s acquittal spreads, there are calls for the NDLEA to review its investigation and prosecution processes to ensure that they are fair and transparent. The agency has been urged to learn from this experience and to do better in the future.
In the meantime, Kyari’s acquittal has brought an end to a long and trying ordeal for him and his family. He has been cleared of the allegations, and his reputation has been vindicated. The court’s decision is a reminder that justice can be served, even in the face of adversity.
