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On Thursday, the Federal High Court in Abuja dismissed a case brought by the National Drug Law Enforcement Agency (NDLEA) against suspended DCP Abba Kyari concerning allegations of failing to disclose assets.

Justice James Omotosho dismissed the lawsuit against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, due to the anti-narcotic agency’s failure to prove its case beyond a reasonable doubt.

The judge determined that the prosecution bears the burden of proving a case beyond reasonable doubt, and it had not succeeded in doing so.

Justice Omotosho characterized the case brought against Kyari and his siblings as “persecution.”

The defendants were therefore discharged and acquitted of the charges by the judge.

According to a report by the News Agency of Nigeria (NAN), the NDLEA is pursuing legal action against Kyari, who previously led the Police Intelligence Response Team (IRT), as well as against his two siblings. The charges involve claims of failing to disclose assets.

After counsel for the NDLEA, Sunday Joseph; Kyari’s lawyer, Onyechi Ikpeazu, SAN; and his brothers’ lawyer, Monjok Agom, presented their arguments for and against the charge and adopted their processes, Justice James Omotosho set the date.

Abba, Mohammed, and Ali were designated as the 1st to 3rd defendants, respectively, in a 23-count charge by the NDLEA.

The anti-narcotics agency claimed that Abba and his two younger brothers, Mohammed and Ali, did not fully disclose their assets.

It reported that it found 14 assets, including shopping malls, a residential estate, a polo playground, land, and farmland owned by Kyari.

It was alleged that Kyari did not disclose his ownership of the property situated in various locations within the Federal Capital Territory, Abuja, and Maiduguri in Borno.

The NDLEA claimed that more than N207 million and Є17,598 were found in Kyari’s accounts at Guarantee Trust Bank, United Bank for Africa, and Sterling Bank.

The agency, under the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”

According to the NDLEA, these offences can be penalized in accordance with Section 35 (3) (a) of the National Drug Law Enforcement Agency Act and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.

However, they entered a plea of not guilty to all charges.

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