Justice James Omotosho of the Federal High Court in Abuja has formally discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, from a 23-count charge of alleged non-declaration of assets.
The charges, filed by the National Drug Law Enforcement Agency (NDLEA), also involved two of Kyari’s brothers, who were accused of swearing false affidavits to conceal the origin of certain properties.
The court, in a judgment delivered on Thursday, March 5, noted that the NDLEA failed to provide credible evidence to support its claims.
Most of the allegations focused on Kyari’s supposed non-declaration of land properties, yet the prosecution could not establish ownership through proper documentation.
Justice Omotosho observed that proving ownership of land requires evidence such as historical records, valid title deeds, acts of possession, or possession by connection—all of which were absent in the NDLEA’s submissions.
The properties in question included parcels located in Fountain Estate, Kasana, which were alleged to belong to Ramatu Kyari but were claimed by the prosecution to be under Abba Kyari’s ownership.
The court held that no documents or corroborating evidence were presented to substantiate this claim.
Similarly, properties located on Linda Choko Road, Asokoro, as well as in Maiduguri, Borno State, were also not sufficiently linked to Kyari.
In his defense, Kyari stated that the Borno properties belonged to his late father and were rightfully inherited by him and his siblings.
Justice Omotosho further criticized the prosecution for charging Kyari’s brothers with conspiracy—a claim that was never substantiated.
The judge described the NDLEA’s case as weak, inconsistent, and lacking in material evidence.
He emphasized that pursuing the charges against the Kyari family amounted to a form of undue persecution, especially given Abba Kyari’s long-standing service to the nation in law enforcement.
This acquittal marks a significant vindication for Abba Kyari, who has faced prolonged legal battles in relation to asset declaration.
Legal experts have noted that the judgment reinforces the principle that allegations of corruption or non-declaration must be supported by concrete, verifiable evidence.
In this case, the court found that the NDLEA did not meet this burden, leading to the acquittal of all defendants.
Observers have described the ruling as a demonstration of judicial fairness and due process.
By highlighting the lack of credible evidence and emphasizing the need for proper documentation in proving ownership, Justice Omotosho’s judgment sets an important precedent for similar asset-related cases in the country.
The court also acknowledged Abba Kyari’s contributions to national security and public service, stressing that individuals who have served the country faithfully should not be subjected to harassment or unsubstantiated allegations.
With the acquittal now confirmed, Abba Kyari is free from all the 23-count charges, and the court’s decision reinforces the importance of evidence-based prosecutions in Nigeria’s judicial system.
This ruling is expected to have wide-reaching implications, particularly in clarifying procedures for prosecuting cases involving asset declaration and inheritance.
It underscores that even high-profile public officers cannot be convicted on the basis of assumptions or weak claims.
For Abba Kyari, the judgment not only clears his name but also strengthens public confidence in fair legal proceedings.
In conclusion, the Federal High Court’s decision highlights the importance of credible evidence in legal proceedings, reaffirms the rights of public servants like Abba Kyari, and serves as a reminder that justice in Nigeria requires thorough investigation and substantiation of all allegations.
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