Justice James Omotosho of the federal high court Abuja, has discharged and acquitted suspended Deputy commissioner of police Abba Kyari of a 23 count charge of alleged non declaration of Assets, filed against him by the NDLEA.
Mr Kyari was tried before the Court on the charges alongside his two brothers his younger brothers Mohammed Kyari Ali Kyari
who were accused of swearing to a false affidavits to conceal the origin of some properties
The court in it judgment 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 pointed out 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 prosecution did not provide same material evidence linking Mr Kyari to properties in Linda Choko road Asokoro, and also Maiduguri Borno State
Mr Kyari in his defense had said the properties in Borno belonged to his father which he left for him and his siblings.
The prosecution did not prove otherwise.
Justice Omotosho added that the prosecution charged Mr Kyari’s brothers in bad faith for alleged conspiracy, which they failed to prove.
In all the case of the NDLEA was watery.
He added that the defendant has served this country well and should not be persecuted