Abba Kyari Tells Court Properties Linked To Him Belonged To Late Father, Shared With 30 Siblings

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.

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Court Orders Final Forfeiture of Abuja, Kano Properties

The Economic and Financial Crimes Commission, EFCC on Thursday, April 3, 2025 secured a final forfeiture of two properties to the federal government before Justice Obiora Egwuatu of the Federal High Court, Abuja. The properties are located in FCT, Abuja and Kano state. Both properties which are linked to Aminu Sidi Garunbabba, a senior staff of the Federal Inland Revenue Services, FIRS are a four bedroom terrace masonite with boys quarter, situated in Barumark Groove Estate, Plot 667 Cadastral Zone BO3, Wuye District, Abuja and the other at N0 5 Lodge Road, Kano State. The order was given following a motion ex-parte for their final forfeiture, dated March 16, 2022 and filed by the Commission, through its counsel, Ekele Iheanacho, SAN, pursuant to Section 44(2) of the Constitution of the Federal Republic of Nigeria and Section 17 of Advance Fee Fraud and other Related Offences Act, No 14, 2006. The court had on February 16, 2022, granted an interim forfeiture order of the properties and directed the publication of the order in a national newspaper to make for any interested party to show cause as to why the properties should not be finally forfeited to the federal government. Moving the motion for the final forfeiture order at Thursday’s sitting, the prosecution counsel informed the court that the property was reasonably suspected to have been acquired with proceeds of unlawful activities. However, the defence counsel in a preliminary objection, raised concerns that a public officer cannot be investigated and prosecuted when an ongoing administrative disciplinary action is yet to be concluded. Justice Egwatu after listening to the submissions of the counsel dismissed the objection and granted the request of the prosecution for a final forfeiture. The judge held that the matter was a non-conviction based forfeiture which is different from a criminal charge that targets an individual and the simultaneous actions do not amount to abuse of court process. “This case targets properties suspected to be proceeds of crime, the two cases are different. A criminal case requires proving beyond reasonable doubt while in this case, only a suspicion suffices. Both actions can go on simultaneously and one cannot abate the other. The parties are different, the target in both cases are different, one is proved beyond reasonable doubt and the other is reasonable suspicion. The issues are also different, a person cannot be allowed to benefit from illegitimate acts. The respondent failed to show any reasonable cause that the funds used in purchasing the property is from his legitimate earnings, so the request for final forfeiture is granted” The journey to the final forfeiture started with EFCC’s intelligence that unraveled the corrupt activities of staffers of FIRS who conspired among themselves and defrauded the Service of millions of naira under the guise of Duty Tour Allowances for non-existence trips.

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