A Federal High Court in Abuja has cleared former head of the Intelligence Response Team, Abba Kyari, of charges related to alleged false asset declaration.
The case was filed by the National Drug Law Enforcement Agency (NDLEA), which accused Kyari and two of his brothers of failing to fully disclose their assets.
Delivering judgment on Wednesday, Justice James Omotosho ruled that the prosecution failed to prove its case beyond reasonable doubt.
The NDLEA had earlier filed a 23-count charge against Kyari and his brothers, Mohammed Kyari and Ali Kyari, claiming that several properties linked to them were not properly declared.
However, the court said investigators did not provide sufficient evidence to show that three houses located in the EFAB Metropolitan Estate in Abuja belonged directly to Kyari.
Justice Omotosho said the properties had already been declared as belonging to Kyari’s wife and that the asset declaration form had been properly completed.
In an 88-page judgment that lasted nearly three hours, the judge criticised the prosecution, describing its actions as “too hasty” and suggesting the case amounted to persecution rather than a properly established criminal charge.
He therefore ruled in favour of Kyari and his brothers on all counts.
Allegations by NDLEA
In the charges filed before the court, the NDLEA alleged that Kyari and his two younger brothers failed to make full disclosure of their assets.
The anti-narcotics agency said it uncovered 14 assets allegedly linked to Kyari, including shopping malls, a residential estate, farmland, land plots and a polo playground.
Investigators also alleged that some of the properties were located in the Federal Capital Territory, Abuja, and in Maiduguri, the capital of Borno State, but were not declared in official records.
According to the NDLEA, more than ₦207 million and €17,598 were also discovered in accounts linked to Kyari in several banks, including Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
The agency alleged that the defendants attempted to disguise Kyari’s ownership of some properties and funds.
Prosecutors said the alleged offences were punishable under provisions of the NDLEA Act and the Money Laundering (Prohibition) Act 2011.
Kyari and his brothers pleaded not guilty to all the charges.
During the trial, the NDLEA called 10 witnesses and presented about 20 exhibits in an attempt to prove its case.
Defence
After the prosecution closed its case, Kyari made a no-case submission through his lawyer, arguing that the prosecution had failed to provide evidence proving that the properties belonged to him.
In October, Justice Omotosho initially dismissed the no-case submission and ruled that the defendants had a case to answer, saying the prosecution had established a prima facie case.
Kyari later opened his defence in November, insisting that he declared his assets and those of his wife in line with the law.
He also denied ownership of some of the assets listed by the NDLEA, explaining that several properties belonged to his late father, who he said had about 30 children.
Kyari further rejected claims that he owned a polo playground in Borno State, saying he was surprised that such a large property had been linked to him.
He closed his defence later that month after giving evidence and being cross-examined by prosecutors.
His brothers, through their lawyer, told the court they would not call any witnesses and chose to rely on the prosecution’s evidence.
The court’s final ruling on Wednesday cleared all three defendants of the charges.
