The Federal High Court in Abuja, on Thursday, discharged and acquitted suspended DCP Abba Kyari and his brothers of a case filed by the National Drug Law Enforcement Agency (NDLEA) on allegations bordering on non-disclosure of assets.

Justice James Omotosho, in a judgment, dismissed the charge, filed against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, for failure of the anti-narcotic agency to prove its case beyond reasonable doubt.

According to Justice Omotosho, the case of the prosecution in this case is, without doubt, watery and has no basis in facts.

“The defendants are still presumed innocent and thus a heavy burden rests on the prosecution to establish their guilt beyond reasonable doubt. Failure to do so will see the defendants walk home free, ” he said.

The judge said it was “quite unfortunate that the 1st defendant (Abba Kyari) who from the evidence before this court had served this country bravely and competently, handling very dangerous assignments to ensure that this country is secure will be arraigned upon a baseless charge.

“For a Nigerian to put his life on the line for this country and then be rewarded with being charged for offences that are quite ridiculous is baffling to say the least.”

Justice Omotosho held that the NDLEA was shoddy in carrying out its investigation.

“The prosecution struggled badly to hang something on the defendants but in the clear daylight of facts failed miserably.

“There is nothing to hold the defendants based on the evidence presented by the prosecution.

“Thus, the defendants will be discharged and acquitted of all counts in this charge.

“In final analysis, the prosecution have failed to discharge the burden of proof of it by establishing the guilt of the defendants beyond reasonable doubt.

“The case presented is gravely doubtful and lacks substance.

“Consequently, the defendants are discharged and acquitted on all counts,” the judge ruled.

The NDLEA is prosecuting Mr Kyari, the former head of Police Intelligence Response Team (IRT), and his two brothers on allegations bordering on non-disclosure of assets.

Justice James Omotosho fixed the date after counsel for the NDLEA, Sunday Joseph; Kyari’s lawyer, Onyechi Ikpeazu, SAN, and his brothers’ counsel, Monjok Agom, adopted their processes and presented their arguments for and against the charge on December 12, 2025.

The NDLEA, in the 23-count charge, named Abba, Mohammed and Ali as 1st to 3rd defendants respectively.

The anti-narcotics agency alleged that Abba and his two younger brothers; Mohammed and Ali, failed to make full disclosure of their assets.

It said it uncovered 14 assets, including shopping malls, residential estate, polo playground, lands and farmland belonging to Mr Kyari.

Mr Kyari was alleged to have failed to disclose his ownership of the property in different locations in the Federal Capital Territory, Abuja and Maiduguri in Borno State. 

The NDLEA alleged that over 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 are 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 trio, however, pleaded not guilty to all the counts.

The NDLEA called 10 witnesses to prove their case and tendered at least 20 exhibits.

Mr Kyari, however, elected to make a no-case submission after the prosecution closed its case.

The former IRT leader, through his lawyer, argued that the prosecution had failed to provide evidence showing indeed that he was the owner of the said property.

But Justice Omotosho, on October 28, 2025, dismissed the no-case submission on the ground that the prosecution had been able to establish a prima facie case against the defendants, hence, the need to open his defence to clarify some of the issues.

Mr Kyari, who opened his defence on November 4, 2025, insisted that he declared his assets and that of his wife in line with the law.

Besides, he denied ownership of some of the assets linked to him by the NDLEA.

He clarified that some of the property listed by the prosecution belonged to his late father, who had about 30 children.

He also refuted the allegations that he owned the polo playground in Borno State, saying he was surprised that the large expanse of land would be linked to him.

Mr Kyari, on November 26, 2025, closed his defence after he concluded his evidence led by Mr Ikpeazu and was cross-examined by the NDLEA lawyer.

However Mr Kyari’s two brothers (Mohammed and Ali), through their lawyer, Monjok Agom, told the court that they would not be calling any witness.

According to the lawyer, they shall be resting their case on that of the prosecution’s case.

Delivering the judgment, Justice Omotosho observed that the evidence of the prosecution, especially by the 9th prosecution witness (PW-9), “is that the 1st defendant (Abba Kyari), while heading the IRT, is not the only owner of the monies in his account as some of it were transferred into his account from the Central Bank of Nigeria for operational use.

“As held earlier, some of these funds were used to carry out operations in violence prone areas in Nigeria, including logistics and accommodation of members of the Inspector General of Police Intelligence Response Team.”

The judge, however, said that there was no iota of evidence by the NDLEA showing that the monies were not used for the purposes they were meant for.

“This is the crux of the crime of conversion.

“There is no evidence that the 1st defendant used the monies for his own purposes.

“There is also no evidence of complaint by the Nigeria police or any other organisation that paid into the account of the 1st defendant that he did not use the monies for the purpose they were meant for, ” he said.

Justice Omotosho said with respect to counts 22 and 23 which contains foreign currency in domiciliary account, Abba Kyari in “Exhibit A,” declared that he had about 7,000 pounds in his bank account.

“The 1st defendant explained how he got the foreign currency as follows:

“’This is the only money I have in all my accounts. I don’t have any big money. I have 7,000 pounds that is remaining 10 years ago.

“‘When we moved my father for treatment abroad. So I declared it too. I declared that 7,000 pounds that I have remaining from the treatment of my father 10 years ago. It was there in the account for more than 10 years. I declared everything,’” the judge quoted Mr Kyari as saying.

According to the judge, it is conclusive enough, especially as no evidence was presented by the prosecution to refute this evidence by 1st defendant.

“The prosecution did not prove that the said foreign currencies in his domiciliary accounts were unlawfully gotten or that they were proceeds of money laundering activities.

“Without establishing these predicate offences, the counts have no legs to stand upon. They are very weak, vague and have no proof.

“Consequently, the 1st defendant is hereby discharged and acquitted of counts 16, 18, 20, 21 and 23 of the charge,” justice Omotosho ruled.

He described the case as persecutory rather than being prosecutory.

The instant case is different from the cocaine deal trial he is undergoing alongside some police officers before Justice Emeka Nwite of a sister court at the Federal High Court in Abuja.

However, both cases were instituted by the NDLEA in 2022.

(NAN)