Alleged non-asset disclosure: Court dismisses Abba Kyari’s no-case submission

The Federal High Court sitting in Abuja has dismissed a no-case submission filed by suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers, who are co-defendants in a charge instituted against them by the National Drug Law Enforcement Agency (NDLEA).

In a ruling on Tuesday, Justice James Omotosho held that the NDLEA had established a prima facie case against the defendants, warranting them to enter their defence.

The judge stated that the prosecution’s evidence provided sufficient grounds for the trial to proceed.

“In view of all the exhibits and the evidence presented by the prosecution, the defendants need to provide explanations in these regards,” Justice Omotosho said.

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He, however, clarified that this did not amount to a declaration of guilt.

“This is not to say that the defendants are guilty as charged, but simply that they should be afforded their right to a fair hearing and allowed to present their defence before this court.

“The evidence of the prosecution has established sufficient grounds for this trial to continue.

“A connection between the defendants and the alleged offences, no matter how slight, constitutes prima facie evidence. Therefore, the defendants are required to enter their defence or offer a rebuttal.

“I must emphasise that holding that a prima facie case has been established does not imply that the court finds the defendants guilty of the charges. It merely ensures that the defendants exhaust their right to defence and address every unresolved issue before the court’s final decision.

“The defendants are still presumed innocent until proven guilty, and the prosecution retains the duty to prove the charges beyond reasonable doubt,” the judge added, citing Section 135(1) of the Evidence Act, 2011.

The NDLEA, in the 23-count charge, alleged that Abba Kyari, Mohammed Kyari, and Ali Kyari failed to make full disclosure of their assets.

In the charge marked FHC/ABJ/CR/408/2022, the anti-narcotics agency also accused them of disguising ownership of properties and converting proceeds of crime, offences punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.

After the defendants were arraigned, the NDLEA called ten witnesses and tendered at least twenty exhibits to support its case.

Upon the prosecution’s closure, the defendants opted to file a no-case submission.

In his written address, Kyari’s counsel, Dr. Obinna Onyia, argued that the NDLEA had failed to produce evidence proving that his client owned the properties in question.

Citing Section 128 of the Evidence Act, Onyia contended that “transactions involving state lands can only be proven through the production of certified true copies of the title documents, and no other form of evidence is admissible.”

Delivering his ruling, Justice Omotosho said the court would refrain from evaluating the evidence at this stage but was satisfied that a prima facie case had been made out against the defendants.

“I have carefully reviewed the prosecution’s evidence. It points to the establishment of a prima facie case against the defendants.

“The nature of the evidence requires the defendants to provide explanations or a defence, especially considering the gravity of the offences and the potential impact on their liberty.

“The right of a defendant to defend himself or herself is a fundamental right under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Such a right cannot be taken away except where expressly waived.

“Since the defendants have not waived this right, they are hereby called upon to present their defence to the charge against them.

“In conclusion, the no-case submissions filed by the defendants cannot be sustained in light of the evidence led by the prosecution. Accordingly, the no-case submissions are hereby overruled, and the defendants are ordered to enter their defence,” Justice Omotosho ruled.

The court granted Kyari and his brothers three days to present their defence and adjourned the matter until November 4, 5, and 6 for continuation of trial.

NIGERIAN TRIBUNE