The Federal High Court sitting in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge of alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency.
Delivering judgment, Justice James Omotosho held that the anti-narcotics agency failed to provide sufficient evidence to prove the allegations against Kyari and his two brothers, who were also accused of swearing false affidavits to conceal the origin of certain properties.
The judge held 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 also 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, adding that the charge of conspiracy against his brothers was not established.
The court consequently discharged and acquitted the defendants on all counts.
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