Justice James Omotosho of the Federal High Court Abuja, has discharged and acquitted suspended Deputy commissioner of police Abba Kyari of a 23 count charge of alleged non declaration of Assets filed against him by the NDLEA.
Kyari, along with his two brothers, is facing charges for allegedly swearing to false affidavits to hide the origin of certain properties.
The court ruled that the NDLEA failed to provide enough evidence to prove its case against the defendants, particularly regarding the non-declaration of land properties.
Justice Omotosho noted 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, is truly owned by Abba Kyari.
Also the court held that prosecution did not provide same material evidence linking Kyari to properties in Linda Choko road Asokoro and also Maiduguri Borno State.
Kyari had claimed in his defense that the properties in Borno were inherited from his father, meant for him and his siblings.
The prosecution did not prove otherwise.
The prosecution charged Kyari’s brothers in bad faith for alleged conspiracy, which they failed to prove.
In all the case of the NDLEA was watery.
The defendant has served this country well and should not be subjected to persecution.
