… As NDLEA insists drug case continues
… Abba Kyari still in our custody – NCoS
ABUJA: The Federal High Court in Abuja on Thursday discharged and acquitted suspended Deputy Commissioner of Police (DCP), Abba Kyari, and his two younger brothers of charges filed by the National Drug Law Enforcement Agency (NDLEA) over alleged non-declaration of assets.
Delivering judgment, Justice James Omotosho dismissed the case against Kyari and his brothers, Mohammed and Ali Kyari, ruling that the anti-narcotics agency failed to prove the allegations beyond reasonable doubt.
The judge described the prosecution’s case as weak and lacking in factual basis, stressing that the defendants were presumed innocent and that the burden of proof rested squarely on the prosecution.
“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,” the judge said.
Justice Omotosho further remarked that it was unfortunate that the first defendant, whom he said had served the country bravely and competently in dangerous assignments, was arraigned on what he described as 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,” he added.
The court held that the NDLEA carried out what it described as a shoddy investigation and struggled unsuccessfully to establish wrongdoing against the defendants.
“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,” the judge said.
Justice Omotosho concluded that the prosecution failed to discharge the burden of proof required in criminal trials and therefore discharged and acquitted the defendants on all counts.
The NDLEA had arraigned Kyari, a former head of the Police Intelligence Response Team (IRT), alongside his brothers on a 23-count charge bordering on alleged failure to declare assets.
The agency claimed it uncovered 14 properties allegedly linked to Kyari, including shopping malls, residential estates, farmland, land parcels and a polo playground located in Abuja and Maiduguri, Borno State.
It also alleged that more than N207 million and €17,598 were traced to bank accounts linked to the officer in Guaranty Trust Bank, United Bank for Africa and Sterling Bank.
According to the agency, the defendants disguised ownership of properties and converted funds in a manner that contravened provisions of the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
However, Kyari and his brothers pleaded not guilty to all the charges.
During the trial, the prosecution called 10 witnesses and tendered about 20 exhibits to support its case.
After the prosecution closed its case, Kyari filed a no-case submission through his lawyer, Onyechi Ikpeazu (SAN), arguing that the agency had failed to present credible evidence linking him to the alleged properties.
Justice Omotosho, however, dismissed the no-case submission on October 28, 2025, ruling that the prosecution had established a prima facie case requiring the defendants to open their defence.
Kyari subsequently opened his defence on November 4, 2025, insisting that he had declared all his assets and those of his wife in accordance with the law.
He also denied ownership of several properties attributed to him by the NDLEA, explaining that some of the assets belonged to his late father, who had about 30 children.
The suspended police officer further rejected the claim that he owned a polo playground in Borno State, saying he was surprised that such a large expanse of land could be linked to him.
Kyari closed his defence on November 26, 2025, after testifying and undergoing cross-examination by the prosecution.
His brothers, Mohammed and Ali Kyari, did not call any witnesses and instead rested their case on the evidence already presented before the court.
In his ruling, Justice Omotosho noted that testimony from the prosecution’s ninth witness indicated that Kyari was not the sole owner of funds in his accounts, as some of the money had been transferred from the Central Bank of Nigeria for operational use by the police.
According to the judge, the evidence showed that such funds were deployed for operations in violence-prone parts of the country, including logistics and accommodation for members of the Inspector-General of Police Intelligence Response Team.
He added that there was no evidence from the NDLEA to suggest that the funds were misused.
“There is no evidence that the first defendant used the monies for his own purposes. There are also no complaints from the Nigeria Police or any other organisation that paid into the account that the funds were not used for their intended purpose,” the court held.
On the allegation involving foreign currency in Kyari’s domiciliary account, the court noted that the officer had declared about £7,000 in the account.
Kyari explained that the money was part of funds used for his father’s medical treatment abroad more than a decade ago and that the remaining balance stayed in the account.
Justice Omotosho held that the prosecution failed to present evidence to contradict the explanation or prove that the foreign currency was unlawfully obtained.
Without proof of any underlying offence, the court ruled that the charges could not stand.
Consequently, the court discharged and acquitted Kyari and his brothers on the affected counts, describing the case as “persecutory rather than prosecutory.”
However, the National Drug Law Enforcement Agency later clarified that the judgment does not affect the separate and substantive drug trafficking case pending against the suspended police officer.
The agency said the cocaine trafficking trial remains active and will continue before Justice Emeka Nwite of another Federal High Court in Abuja on March 16.
Reacting to the ruling, NDLEA’s Director of Media and Advocacy, Femi Babafemi, said the case decided by Justice Omotosho was entirely different from the ongoing drug-related prosecution.
“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,” Babafemi said.
“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 added that the agency’s prosecution team would review the judgment before deciding whether to challenge the ruling.
According to him, the legal team has already been directed to apply for the Certified True Copy (CTC) of the judgment to enable the NDLEA 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. The details will help the management make a decision on the next step,” Babafemi said.
The NDLEA spokesman reiterated that the agency remains committed to pursuing the substantive drug trafficking case to its logical conclusion in line with due process and the rule of law.
Kyari, once celebrated for leading several high-profile anti-crime operations as head of the Intelligence Response Team of the Nigeria Police Force, is facing prosecution alongside some police officers over alleged involvement in drug-related offences.
The continuation of the case before Justice Nwite later this month is expected to mark the next stage of the trial at the Federal High Court in Abuja.
Meanwhile, the Nigeria Correctional Service (NCoS) FCT Command, said that 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 newsmen 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 weak, 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.
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.
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.
