The Federal High Court in Abuja, on Thursday, dismissed a case of non-disclosure of assets filed against a suspended deputy commissioner of police, Abba Kyari, and his younger brothers.
Trial judge James Omotosho dismissed the charges on the grounds that the National Drug Law Enforcement Agency (NDLEA), which prosecuted the defendants, failed to prove the case beyond reasonable doubt.
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The judge held that the burden of proving a criminal case beyond reasonable doubt falls on the prosecution, a standard he said the NDLEA failed to attain in the case.
Mr Omotosho described the case against Mr Kyari and his brothers – Mohammed Kyari and Ali Kyari – as “persecution”.
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Consequently, the judge discharged and acquitted the defendants of the charges.
But the judgement does not affect a separate ongoing cocaine trial Mr Kyari is undergoing alongside four police officers. The illicit drug case is before judge Emeka Nwite.
He and his co-defendants, who have been denied bail in the cocaine trial, will remain under the detention order issued by the judge.
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The News Agency of Nigeria (NAN) reports that the NDLEA charged Mr Kyari, the former head of Police Intelligence Response Team (IRT), and his two brothers with non-disclosure of assets in 2022.
The NDLEA alleged in the 23 charges that Mr Kyari and his two younger brothers failed to make full disclosure of their assets.
It said it uncovered 14 assets, including shopping malls, a residential estate, a polo playground, lands and farmland belonging to Mr Kyari, which he allegedly failed to declare.
The NDLEA also alleged he failed to disclose his ownership of property in different locations in the Federal Capital Territory, Abuja, and Maiduguri in Borno, his home state.
The NDLEA alleged that the sums of N207 million and Є17,598 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 of ownership of properties and conversion of monies.”
The NDLEA said the offences were 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.
The defendants pleaded not guilty to all the counts.
Denial during trial
During trial, Mr Kyari, who has been in detention since his trials began in 2022, denied ownership of some of the property linked to him by the NDLEA.
Testifying as a defence witness on 5 November last year, Mr Kyari, said some of the property belonged to his late father, who had about 30 children.
Led in evidence by his lawyer, Onyechi Ikpeazu, a Senior Advocate of Nigeria (SAN), Mr Kyari, who expressed surprise at the allegations, told the court that the documents for the assets are with the Ministry of Land in Borno State.
He also refuted the allegations that he owned the polo ground in the state, saying he was surprised that such a large expanse of polo ground would be attributed to him.
“Even Dangote who is the richest man in Nigeria does not own such a property, how much more some like me.
“The polo ground has been in existence since when I was a child. We used to go there to play,” he said.
Mr Kyari, however, admitted ownership of a farmland located along Abuja-Kaduna Road, saying he had been on the farm in the last one decade.
He equally admitted that he operated accounts with United Bank for Africa (UBA), Access Bank and GTB, and that the over £7, 000 (pounds) found in his domiciliary account was earlier declared in line with the law.
He said his accounts were frozen by the prosecution.
Mr Kyari, who told the court that he was not part of the team that went to arrest the two drug traffickers at the Akanu Ibiam, International Airport in Enugu States, alleged that the NDLEA officers at the airport were indicted in the act.
He said he was not arrested as a result of the allegations against him but he submitted himself for investigation through his office.
Mr Kyari, who said he was the head of the Police Intelligence Response Team (IRT) at the time, said several high-profile criminals were arrested by his team.
Arraignment
NDLEA arraigned the Kyari brothers in 2022 on 24 charges of non-disclosure of assets, money laundering and concealment of assets.
The agency filed the charges after accusing them of failing to make full disclosure of their assets, disguising ownership of properties, and converting monies traced to them.
After the defendants were arraigned, the NDLEA called 10 witnesses to prove its case and tendered at least 20 exhibits.
The defendants chose to file a no-case submission, urging the court to dismiss the charges against them, on grounds including that the NDLEA failed to provide evidence showing indeed that he was the owner of the said property.
However, on 28 October 2025, the court dismissed the no-case submission filed by Mr Kyari and his two brothers.
The court ruled that they had a case to answer and should enter their defence.
Cocaine trial
Mr Kyari, alongside four other suspended police officers, is facing an ongoing trial before another judge of the Federal High Court in Abuja, Emeka Nwite, on cocaine deal charges.
His co-defendants who were members of the special tactical police unit, IRT, are Sunday J. Ubia, Bawa James, Simon Agirigba and John Nuhu.
Two drug traffickers who were originally co-defendants in the case pleaded guilty and have since been convicted and jailed.
The two men, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, were arrested by the IRT, pleaded guilty to the charges.
The two men were convicted and subsequently sentenced to two years’ imprisonment by Mr Nwite in 2022.
Mr Kyari opened his defence in the case on 27 February.
(NAN)
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