Court Acquits Suspended DCP Abba Kyari of 23-Count Asset Declaration Charges

A Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed by the National Drug Law Enforcement Agency (NDLEA). The ruling brings a major legal victory for the embattled police officer after the court held that the prosecution failed to prove its case beyond a reasonable doubt.

Justice James Omotosho delivered the judgment on Tuesday, dismissing the case against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari.

The case, filed by the NDLEA, accused the defendants of failing to declare certain assets and disguising ownership of properties located in Abuja and Maiduguri.

However, Justice Omotosho ruled that the anti-narcotics agency did not provide sufficient evidence to support the allegations.

According to the judge, the law places the responsibility of proving criminal allegations beyond a reasonable doubt on the prosecution, which the NDLEA failed to meet in this case.

He described the charges against Kyari and his brothers as “persecution rather than prosecution.”

The court also noted that investigators failed to present credible proof linking the suspended police officer to the property located at Fountain Estate, Kasana, which the prosecution alleged belonged to him.

Justice Omotosho further dismissed the conspiracy allegations against Kyari’s brothers, Mohammed and Ali Kyari, stating that the claims were not backed by verifiable evidence.

As a result, the court discharged and acquitted all the defendants on all counts.

The NDLEA had earlier alleged that more than ₦207 million and €17,598 were discovered in Kyari’s bank accounts across Guaranty Trust Bank, United Bank for Africa, and Sterling Bank.

The agency also claimed the defendants disguised property ownership and converted funds, offences said to be punishable under the NDLEA Act and the Money Laundering (Prohibition) Act 2011.

Despite the acquittal in the asset declaration case, Kyari is still facing a separate criminal trial alongside four other suspended police officers over their alleged involvement in a cocaine trafficking case.

Two suspected drug traffickers linked to the case — Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne — were earlier convicted and sentenced to two years in prison in 2022.

The separate trial is ongoing before Justice Emeka Nwite at the Federal High Court in Abuja.