Justice James Omotosho of the Federal High Court Abuja, has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, in 23 count charge of alleged non declaration of Assets filed against him by the NDLEA.
Kyari is being charged alongside his two brothers who were accused of swearing to a false affidavits to conceal the origin of some properties.
The court in it judgment delivered today March 5, held that the NDLEA failed to provide sufficient evidence in proving its case against the defendants, which is mostly non declaration of land properties.
Justice Omotosho noted that proving ownership of landed properties can be done through traditional history, title, acts of possession and possession by connection.
The judge held that the prosecution did not provide any of these documents to show that the said properties located in fountain Estate Kasana which belong to Ramatu Kyari, is truly owned by Abba Kyari.
Also the court held that the prosecution failed to provide same material evidence linking Kyari to properties in Linda Choko road Asokoro and also Maiduguri Borno State.
Kyari in his defense had said the properties in Borno belonged to his father which he left for him and his siblings.
Justice Omotosho stated that the prosecution acted in bad faith by charging Kyari’s brothers with conspiracy, an allegation it failed to substantiate.
The judge described the NDLEA’s case as weak and lacking in credible evidence.
He added that the defendant had served the country well and should not be subjected to persecution.