Garba Mohammed
The Federal High Court in Abuja on Wednsday ruled that suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers, Mohammed and Ali Kyari, must enter their defence in the criminal case filed against them by the National Drug Law Enforcement Agency (NDLEA) over alleged concealment of assets and money laundering.
Delivering the ruling, Justice James Omotosho dismissed the defendants’ no-case submissions, holding that the prosecution had presented sufficient evidence establishing a prima facie case requiring the accused to explain their roles in the alleged offences.
“In view of all the exhibits and testimonies before the court, the defendants need to offer explanations,” the judge stated, adding that the ruling was not a declaration of guilt but a procedural requirement to ensure a fair hearing.
The NDLEA had charged Kyari and his brothers on 23 counts, including the failure to fully disclose assets, disguising ownership of properties, and conversion of proceeds of crime — offences contrary to Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
To prove its case, the agency called 10 witnesses and tendered over 20 exhibits linking the defendants to the alleged crimes.
However, the defence argued that the prosecution had not established ownership of the properties in question and therefore urged the court to dismiss the case. They maintained that, under Section 128 of the Evidence Act, ownership of state land could only be proven through certified true copies of title documents, not oral or circumstantial evidence.
Justice Omotosho disagreed, stating that the court was not at the stage of evaluating the weight of the evidence but determining whether a case existed for the defendants to answer.
“The prosecution’s evidence has established sufficient grounds connecting the defendants to the alleged offences, no matter how slight. This justifies their need to respond,” the judge said.
He stressed that the presumption of innocence under Section 36 of the 1999 Constitution (as amended) remains intact until the prosecution proves guilt beyond reasonable doubt.
In his concluding remarks, Justice Omotosho overruled the no-case submissions and directed Kyari and his brothers to open their defence. The matter was adjourned to November 4, 5, and 6, 2025, for continuation of trial.
The embattled officer, once hailed as one of Nigeria’s top crime-busters, has faced multiple legal battles since his suspension in 2022 following allegations of involvement in drug trafficking and other financial offences.