A Federal High Court in Abuja, Nigeria’s capital city, on Thursday cleared Abba Kyari, a suspended Deputy Commissioner of Police, of allegations that he failed to declare assets.
Kyari had been facing a 23-count charge brought by the National Drug Law Enforcement Agency, which accused him of not declaring certain properties. The agency also alleged that two of his brothers swore false affidavits in an attempt to conceal the source of some assets.
In his judgment, Justice James Omotosho held that the prosecution did not present sufficient evidence to support the claims. The court said there were no credible documents linking Kyari to landed properties in Fountain Estate, Kasana, said to belong to Ramatu Kyari. The prosecution also failed to establish his ownership of properties on Linda Choko Road in Asokoro, Abuja, and in Maiduguri, Borno State.
The judge explained that ownership of land can be proven through traditional history, title documents, acts of possession, or possession connected to a recognised owner. According to the court, the prosecution did not establish any of these in relation to the properties cited in the charges.
Justice Omotosho also ruled that Kyari’s explanation that the Maiduguri properties were inherited from his late father was not contradicted by the prosecution. The allegation of conspiracy against his brothers was also not proven.
The court therefore discharged and acquitted all the defendants on every count.
The decision brings an end to the asset declaration case against the suspended police officer at the trial court level, although further legal steps remain possible under Nigerian law.
