Justice James Omotosho of the Federal High Court in Abuja has discharged and acquitted the 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 (NDLEA).
Mr Kyari is being charged alongside his two brothers, who were accused of swearing to false affidavits to conceal the origin of some properties.
The court in its judgment held that the NDLEA failed to provide sufficient evidence to prove its case against the defendants, which is mostly the non-declaration of land properties.
Justice Omotosho noted that proving ownership of landed properties can be done through traditional history, title, acts of possession and possession by connection.
The prosecution did not provide any of these documents to show that the said properties located in Fountain Estate, Kasana, which belong to Ramatu Kyari, are truly owned by the police officer.
Also, the court held that the prosecution did not provide the same material evidence linking Mr Kyari to properties in Linda Choko Road, Asokoro and also Maiduguri in Borno State.
Mr Kyari, in his defense said the properties in Borno belonged to his father, which he left for him and his siblings.
It was judged that the prosecution did not prove otherwise, adding that the prosecution charged Mr Kyari’s brothers in bad faith for alleged conspiracy, which they failed to prove.