The Federal High Court in Abuja on Thursday 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), bringing a significant legal development to one of the high-profile cases involving the embattled police officer.
Delivering judgment in the matter, Justice James Omotosho held that the anti-narcotics agency failed to provide sufficient and credible evidence to establish the allegations brought before the court, both against Kyari and his two brothers, who had also been arraigned alongside him in connection with the case.
The charges against the defendants included allegations that they swore to false affidavits in order to conceal the origin and ownership of certain properties allegedly linked to the suspended police officer.
However, after reviewing the evidence presented throughout the proceedings, the court ruled that the prosecution had not successfully proven its case beyond reasonable doubt, leading to the discharge and acquittal of Kyari and the other defendants on all counts contained in the charge.
In his detailed ruling, Justice Omotosho stated that the prosecution failed to present credible materials linking Kyari to the landed properties that formed a central part of the allegations. The properties in question were said by the prosecution to be located at Fountain Estate, Kasana, and were alleged to belong to a woman identified as Ramatu Kyari.
However, according to the court, the NDLEA did not provide sufficient evidence establishing any direct connection between the suspended police officer and the said properties. The judge also held that the prosecution was unable to provide evidence linking Kyari to other properties allegedly located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
In assessing the claims made by the prosecution, the court emphasized the legal principles governing proof of property ownership, noting that such ownership could be established through traditional history, title documents, acts of possession, or possession by connection.
Justice Omotosho explained that none of these legally recognized methods of establishing ownership were adequately presented by the prosecution during the trial to prove that the properties allegedly linked to Kyari were indeed owned by him.
The court further considered the defence presented by Kyari during the proceedings, in which the suspended police officer maintained that the properties located in Maiduguri belonged to his late father and were inherited by him and his siblings. Justice Omotosho observed that the prosecution failed to disprove this claim during the course of the trial. In evaluating the arguments from both sides, the judge concluded that the NDLEA had not produced sufficient evidence to counter Kyari’s explanation regarding the ownership of the Maiduguri properties.
As a result, the court found that the prosecution’s case lacked the evidentiary foundation required to sustain the allegations. Justice Omotosho also addressed the charges brought against Kyari’s brothers, who had been accused of participating in a conspiracy relating to the alleged false affidavits.
The judge criticised the manner in which the conspiracy charge was filed against them, holding that the prosecution failed to establish the allegation and appeared to have charged the defendants in bad faith. Consequently, the court ruled that the case presented by the NDLEA lacked merit and ordered that Abba Kyari and the other defendants be discharged and acquitted on all 23 counts contained in the charge.
The judgment represents a notable development in the long-running legal controversies surrounding Abba Kyari, who once served as the Commander of the Intelligence Response Team (IRT) of the Nigeria Police Force and was widely regarded as one of the country’s most prominent and influential crime-fighting officers.
During his tenure as head of the elite police unit, Kyari gained national recognition for his role in leading several high-profile investigations and operations against kidnapping rings, armed robbery syndicates, and other organized criminal networks across Nigeria.
However, his reputation and career later became overshadowed by a series of allegations and legal battles that attracted both national and international attention.
Kyari’s career took a dramatic turn in 2022 when the United States Federal Bureau of Investigation (FBI) accused him of involvement in a fraud scheme linked to Nigerian internet fraudster Ramon Abbas, popularly known as Hushpuppi. The FBI alleged that Kyari had engaged in dealings with Abbas in connection with a scheme involving international cyber fraud.
Following the emergence of the allegations, the Nigeria Police Force suspended Kyari from active duty and initiated internal disciplinary processes to investigate the claims against him. The case generated widespread public interest, as Kyari had previously been celebrated as one of Nigeria’s most decorated police officers before the controversy erupted.
The suspended officer’s legal troubles deepened later in 2022 when the NDLEA arrested him over allegations relating to drug trafficking. According to the anti-narcotics agency, Kyari and some members of the Intelligence Response Team were implicated in offences connected to cocaine trafficking following the interception of drugs at the Murtala Muhammed International Airport in Lagos.
The NDLEA subsequently arraigned Kyari and several co-defendants before the Federal High Court in Abuja on multiple charges connected to the allegations. Among the legal proceedings initiated against him was the 23-count charge relating to alleged non-declaration of assets, which became the subject of the judgment delivered on Thursday by Justice Omotosho.
Over the course of the trial, the prosecution sought to establish that Kyari had concealed the origin and ownership of certain properties by allegedly failing to declare them and by involving his brothers in swearing to affidavits intended to disguise the true ownership of the assets.
However, as the proceedings progressed, the court repeatedly examined the evidence presented by the prosecution in relation to the alleged properties located in Abuja, Kasana, and Maiduguri.
Ultimately, Justice Omotosho ruled that the evidence did not meet the legal threshold required to prove the allegations, particularly in light of the defence’s explanation regarding the inheritance of the Maiduguri properties from Kyari’s late father. The judge’s ruling therefore concluded that the prosecution failed to establish its case beyond reasonable doubt.
The decision to discharge and acquit Kyari and the other defendants on all 23 counts marks a significant development in the complex and protracted legal battles involving the suspended police officer.
While the ruling clears him of the specific allegations related to the asset declaration charges filed by the NDLEA, the broader legal and institutional issues surrounding his career and previous allegations remain part of the ongoing public discourse.