.No freedom yet as hearing on NDLEA’s substantive drug case against him resumes March 16
.He is still in our custody – NCoS
CHIGOZIE AMADI
A Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets brought against him by the National Drug Law Enforcement Agency (NDLEA).
Delivering judgment, Justice James Omotosho held that the anti-narcotics agency failed to present sufficient evidence to substantiate the allegations against the suspended police officer and his two brothers, who were also arraigned in the matter.
The NDLEA had accused Kyari of failing to declare certain assets and alleged that his brothers swore to false affidavits in a bid to conceal the true ownership of some landed properties.
However, the court ruled that the prosecution failed to provide credible materials linking Kyari to the properties in question.
Justice Omotosho specifically noted that the NDLEA did not establish any connection between Kyari and landed properties allegedly located at Fountain Estate, Kasana, which the agency claimed belonged to one Ramatu Kyari.
The court also held that the prosecution failed to produce evidence linking the suspended officer to other properties said to be located on Linda Choko Road in Asokoro, Abuja, as well as properties in Maiduguri, Borno State.
According to the judge, ownership of landed property could typically be established through traditional history, valid title documents, acts of possession, or possession by connection.
None of these, he said, was sufficiently presented by the prosecution to prove that the properties allegedly associated with Kyari were indeed owned by him.
In his defence, Kyari maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings.
Justice Omotosho observed that the prosecution failed to disprove this claim during the trial.
The judge also dismissed the conspiracy charge brought against Kyari’s brothers, ruling that the prosecution failed to establish the allegation and appeared to have acted in bad faith in filing the charge against them.
Consequently, the court held that the case presented by the NDLEA lacked merit and discharged and acquitted Kyari and the other defendants on all 23 counts.
. .No freedom yet as hearing on NDLEA’s substantive drug case against him resumes March 6
Meanwhile, The National Drug Law Enforcement Agency (NDLEA) has clarified that its substantive drug trafficking case against suspended Deputy Commissioner of Police, Abba Kyari, remains active and is scheduled to continue in court on March 16.
The agency said the case will resume before Justice Emeka Nwite of the Federal High Court, Abuja, stressing that the matter is separate from a different case in which Kyari was discharged on Thursday.
NDLEA made the clarification while reacting to a ruling by Justice James Omotosho, who discharged Kyari on a 23-count charge bordering on alleged money laundering and non-declaration of assets filed against him by the agency.
Speaking on the development in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja, NDLEA’s Director of Media and Advocacy, Femi Babafemi, explained that the ruling by Justice Omotosho should not be confused with the main drug-related case against the suspended police officer.
Babafemi emphasised that the drug trafficking trial remains ongoing and would continue as scheduled before Justice Nwite.
“First, I need to clarify that the ruling by Justice Omotosho is completely different from the main and substantive drug case which continues before Justice Emeka Nwite of the Federal High Court, Abuja on Monday, March 16.
“That one is very much on course. The case determined by Justice Omotosho today is a different case of money laundering and non-declaration of assets,” he maintained
Babafemi added that the agency’s prosecution team would study the details of the judgment before deciding whether to challenge the ruling that discharged Kyari.
According to him, the legal team has already been directed to obtain the Certified True Copy (CTC) of the judgment to enable the agency to determine its next line of action.
“On your question on whether the agency will appeal the ruling or not, the prosecution team has been directed to apply for the Certified True Copy of the judgment, which details will help the management take a decision on what next to do,” Babafemi said.
The NDLEA spokesman reiterated that the agency remains committed to pursuing the substantive drug case to its logical conclusion in line with due process and the rule of law.
NAN reports that Kyari, a former head of the Intelligence Response Team of the Nigeria Police Force, is facing prosecution by the anti-drug agency over alleged involvement in drug-related offences.
The continuation of the case before Justice Nwite on March 16 is expected to mark the next stage in the trial at the Federal High Court in Abuja.
.He is still in our custody – NCoS
However, The Nigeria Correctional Service (NCoS) FCT Command, says the suspended Deputy Commissioner of Police, Abba Kyari, is still in its custody.
The command’s Public Relations Officer (CPRO), Samson Duza, said this was in spite of Kyari being discharged in one of the cases against him.
Duza gave the clarification in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja while reacting to reports that Kyari had been discharged by a court.
He explained that Kyari was facing two separate cases, noting that the recent court decision only affected the charge bordering on alleged wrongful declaration of assets.
According to him, the court discharged Kyari in that case after ruling that the prosecution failed to provide sufficient evidence to sustain the allegations.
“He is having two cases. One for wrongful declaration of assets and the other for a drug-related offence.
“The one for wrongful declaration of assets is the one he was discharged for lack of merit or evidence.”
The CPRO explained that the presiding judge described the case as weakened, adding that the prosecution was unable to substantiate the allegations brought against the suspended police officer.
He emphasised that Kyari remained in custody because the second case involving alleged drug offences was still before the court.
“The ongoing drug-related trial has not been concluded, and as such, Kyari would continue to remain in the custody of the NCoS pending the outcome of the proceedings,” he said.
NAN reports that Kyari, a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, has been facing legal battles following allegations linking him to drug trafficking activities.
NAN also reports that the clarification by the correctional authorities followed widespread reports suggesting that Kyari has been fully discharged by the court.
The NCoS reiterated that the suspended police officer remains in lawful custody pending the determination of the drug-related case currently before the court.
