Court Directs Abba Kyari, Brothers to Present Defence in NDLEA Asset Concealment Trial
Story : written by Uzuh Rita October 2
The Federal High Court in Abuja has ordered suspended Deputy Commissioner of Police, Abba Kyari, and his brothers—Mohammed and Ali—to open their defence in the criminal charges brought against them by the National Drug Law Enforcement Agency (NDLEA).
The ruling followed the court’s dismissal of a no-case submission filed by the defendants, who argued that the NDLEA failed to establish any evidence linking them to the alleged offences.
Kyari and his siblings are standing trial on a 23-count charge bordering on non-disclosure of assets, concealment of property, and laundering of proceeds believed to be derived from illegal activities. These allegations contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
During proceedings, the prosecution presented 10 witnesses and tendered more than 20 exhibits before the court. Despite this, the defence insisted that none of the evidence supported the allegations, urging the court to throw out the suit.
However, Justice James Omotosho, delivering the ruling, held that the prosecution had provided enough material to warrant a response from the defendants.
“After careful review of the testimonies and documentary evidence, the court finds that the prosecution has made a prima facie case which the defendants must address,” the judge ruled.
Justice Omotosho emphasized that the decision was not a declaration of guilt but a requirement for the defendants to exercise their right to defend themselves.
“A prima facie case only calls for an explanation. The burden of proving the allegations beyond reasonable doubt still rests on the prosecution,” he clarified, citing Section 135(1) of the Evidence Act.
Kyari’s legal team argued that certified title documents were required to prove ownership of state land under Section 128 of the Evidence Act, which the NDLEA had not tendered. The court, however, stated that such disputes would be resolved during the defendants’ full defence.
The judge further reiterated that the right to a fair hearing under Section 36 of the 1999 Constitution cannot be waived unless expressly stated.
With the no-case submission struck out, the court granted Kyari and his brothers three days to prepare for their defence. The matter has been adjourned to November 4, 5, and 6 for continuation of trial.
