Tag: Court

Suspended Deputy Commissioner of Police, Abba Kyari, told the Federal High Court in Abuja on Wednesday that properties linked to him by the National Drug Law Enforcement Agency (NDLEA) were inherited from his late father and jointly owned with his 30 siblings. Kyari, who opened his defence before Justice James Omotosho, said his father left behind more than 20 houses in Maiduguri, Borno State, and that some had been sold to cover medical expenses before his death. He explained that he could not declare the properties in his asset forms because he had not yet received his share. Under cross-examination by NDLEA counsel, Sunday Joseph, Kyari stated: “My Lord, I cannot put my interest about the property in the form because the 20 houses belong to my father and not me. If I get my percentage of share, I can put it, but until I get my own percentage, all the properties left behind by my father belong to all his children and we are about 30 in number.” Kyari is facing 23 counts filed by the NDLEA, which allege that he and co-defendants Mohammed Kyari and Ali Kyari failed to fully declare their assets, concealed ownership of properties, and converted funds illegally. The charges, filed under FHC/ABJ/CR/408/2022, reportedly violate Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011. The prosecution has called 10 witnesses and tendered 20 exhibits before closing its case. A no-case submission filed by the defendants was dismissed on October 28, with Justice Omotosho clarifying that the ruling allowed the defence to present its case without implying guilt, stressing that the accused remain presumed innocent until proven otherwise. Kyari also argued that the NDLEA failed to prove ownership of the properties, citing Section 128 of the Evidence Act, which requires certified copies of title documents for transactions involving state lands. He said proceeds from some property sales were distributed among relatives in need. The former police officer, who holds a BSc in Geography and joined the force on May 1, 2000, admitted initially refusing to fill out his asset-declaration form without his lawyers present. He said an NDLEA officer warned him that refusal could constitute a criminal offence. Regarding funds traced to his bank accounts, Kyari explained that the money came from operational funds released by the police and some governors for security operations. As former Commander of the Anti-Robbery Squad and later head of the Intelligence Response Team, he said he oversaw over 1,000 operations and often routed funds through his account for disbursement. Funds sent to relatives, he said, were used to repay loans he had taken to finance urgent operations amid bureaucratic delays. Justice Omotosho noted that whether family properties should be declared would be addressed in the parties’ final written submissions. The NDLEA has submitted several bank documents, which Kyari confirmed bear his name. The prosecution requested an adjournment to gather additional documents for further cross-examination. The court adjourned the matter until November 12 for continuation.