From Victor Osula, Abuja
The Federal High Court in Abuja on Thursday discharged and acquitted former head of the Police Intelligence Response Team (IRT), DCP Abba Kyari, and his brothers in the asset declaration case filed against them by the National Drug Law Enforcement Agency (NDLEA).
The NDLEA had instituted a 23-count charge marked FHC/ABJ/CR/408/2022 against Kyari and his siblings, Mohammed Kyari and Ali Kyari, accusing them of failing to fully disclose their assets and engaging in financial offences.
Delivering judgment, Justice James Omotosho held that the prosecution failed to prove beyond a reasonable doubt that three houses located at EFAB Metropolitan Estate in Abuja belonged to Kyari.
The court noted that evidence before it showed that the properties were declared in Kyari’s asset declaration form as belonging to his wife, adding that the prosecution failed to present documentary proof linking the defendant personally to the properties.
In the 88-page judgment, which lasted nearly three hours, Justice Omotosho criticised the prosecution for being “too hasty” and embarking on what he described as “persecution,” before ruling in favour of Kyari and his brothers on all counts.
According to the judge, the prosecution failed to establish any credible link between Kyari and the alleged undeclared properties or financial offences.
“The burden of proof required in criminal trials — proof beyond a reasonable doubt — was not met by the investigators,” the judge held.
Justice Omotosho explained that the law recognises specific methods for proving ownership of landed property, including documentary title, acts of possession, long-term occupation, and other legally recognised indicators.
However, he said the prosecution failed to provide evidence under any of these standards to demonstrate that the EFAB Metropolitan Estate houses were owned by Kyari.
The judge further noted that the prosecution did not produce documents such as payment records, allocation papers, or ownership certificates linking Kyari to the properties.
The court ruled that merely alleging ownership without concrete proof could not sustain criminal liability, stressing that the law requires clear evidence that an accused deliberately concealed assets.
On allegations relating to family properties, the court held that under Islamic inheritance principles, properties belonging to a deceased father may remain jointly owned by heirs until formally partitioned.
Justice Omotosho explained that in such cases, individual heirs cannot claim exclusive ownership or be compelled to declare such properties as personal assets.
Consequently, the court ruled that Kyari could not be held liable for failing to declare interests in family properties that had not been legally divided among beneficiaries.
On the money laundering allegations, the court held that the prosecution failed to establish any predicate offence to support the charges.
The judge noted that investigators did not demonstrate that the funds allegedly traced to Kyari originated from illegal activities, adding that without proof that the funds were proceeds of crime, the allegation of laundering could not stand.
The court also reviewed bank account evidence presented by the NDLEA, which claimed that about N200 million passed through Kyari’s account.
However, Justice Omotosho held that the prosecution failed to prove that the transactions were illegal or connected to criminal activity.
He observed that the financial analysis conducted by investigators did not clearly separate Kyari’s salary and allowances from operational funds received through official channels.
“The prosecution did not establish the exact salary and allowances of the defendant during the period under review to determine whether the funds were indeed above his legitimate earnings,” the judge said.
The court further noted that the financial review covered only the period between January and March 2022, even though the bank account had been open since 2006.
Justice Omotosho added that most of the deposits recorded during the period were shown to have originated from the Nigeria Police Force and the Central Bank of Nigeria.
He also noted that there was no petition or complaint from either the Nigeria Police Force or the Central Bank alleging that Kyari had converted or misappropriated operational funds.
In his defence, Kyari told the court that operational funds for urgent security assignments were sometimes sourced through personal arrangements due to delays in official approvals.
According to him, officers occasionally borrowed money from friends and family to immediately fund operations, while reimbursement from official channels could take between three and six months.
The court described Kyari’s explanation as detailed and supported by evidence, noting that it introduced reasonable doubt into the prosecution’s claims regarding the alleged conversion of funds.
Justice Omotosho also observed that the defendant did not operate multiple bank accounts under false identities and that the accounts examined were linked to his verified identity
After reviewing the evidence, the court held that the prosecution failed to establish that the funds in Kyari’s accounts were proceeds of unlawful activities or that he had converted operational funds for personal use.
The judge therefore discharged and acquitted Kyari and his brothers of the charges.
However, Abba Kyari is not yet a free man. He still has a pending case on drug trafficking which is before Justice Nwite wherein the prosecution has closed its case and the defence ready to open its defence.
