The Federal High Court, Abuja Division, on Thursday, dismissed a case filed by the National Drug Law Enforcement Agency against suspended Abba Kyari on allegations bordering on non-disclosure of assets.
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Justice James Omotosho dismissed the suit filed against Mr Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, for the anti-narcotics agency’s failure to prove its case beyond a reasonable doubt.
The judge held that the burden of proving the case beyond a reasonable doubt lies on the prosecution, which it had failed to meet.
Mr Omotosho described the case against Mr Kyari and his brothers as “persecution”.
The judge consequently discharged and acquitted the defendants of the charge.
The NDLEA is prosecuting Mr Kyari, the former head of the Police Intelligence Response Team, and his two brothers on allegations bordering on non-disclosure of assets.
Mr Omotosho fixed the date after counsel for the NDLEA, Sunday Joseph, Mr Kyari’s lawyer, Onyechi Ikpeazu and his brothers’ counsel, Monjok Agom, adopted their processes and presented their arguments for and against the charge.
The NDLEA named the Kyari brothers as the first, second and third defendants, respectively, in the 23-count charge.
The anti-narcotics agency alleged that Mr Abba and his two younger brothers failed to make full disclosure of their assets.
The NDLEA said it uncovered 14 assets belonging to Mr Kyari, including shopping malls, residential estates, polo playgrounds, land, and farmland.
Mr Kyari was alleged to have failed to disclose his ownership of properties in various locations in Abuja and Borno.
The NDLEA alleged that over N207 million and €17,598 were also discovered in Mr Kyari’s various accounts in Guarantee Trust Bank, United Bank for Africa and Sterling Bank.
The agency, in the charge marked FHC/ABJ/CR/408/2022, also accused them of “disguising the ownership of properties and conversion of monies”.
The NDLEA said the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.
They, however, pleaded not guilty to all the counts.
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