Court orders Abba Kyari to open defence in NDLEA hidden assets case

The Federal High Court in Abuja has ruled that Abba Kyari, suspended Deputy Commissioner of Police and his brothers, Mohammed and Ali, must open their defence in the criminal case filed against them by the National Drug Law Enforcement Agency (NDLEA).

In its decision on Tuesday, the court dismissed the no-case submission filed by the defendants, in which they argued that the NDLEA failed to establish any case requiring their defence.

Kyari and his brothers are facing a 23-count charge for failure to fully disclose their assets, concealment of property ownership, and laundering proceeds of crime. These offences are contrary to Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.

During the trial, the NDLEA called 10 witnesses and tendered over 20 exhibits to support its case. The defendants, however, urged the court to dismiss the charges, claiming that the evidence did not link them to the alleged offences.

Delivering his ruling, Justice James Omotosho rejected their arguments, holding that the prosecution had presented sufficient evidence to require the defendants to respond.

“After reviewing the exhibits and testimonies presented, I am satisfied that the prosecution has established a prima facie case that requires an explanation from the defendants,” the judge said.

Justice Omotosho clarified that the ruling was not a declaration of guilt but ensured that the defendants were given the opportunity to present their defence in line with their constitutional right to a fair hearing.

“The existence of a prima facie case does not imply guilt. It only means that there is enough evidence for the defendants to respond to. The burden remains on the prosecution to prove its case beyond reasonable doubt as required under Section 135(1) of the Evidence Act, 2011,” he explained.

Kyari argued that under Section 128 of the Evidence Act, ownership of state land could only be proved with certified true copies of title documents, which the NDLEA did not produce. The judge ruled, however, that this issue should be determined during full trial, not at the no-case stage.

“The credibility of evidence cannot be assessed at this point. The defendants must first present their defence,” Justice Omotosho stated.

He further noted that the right to defend oneself is guaranteed under Section 36 of the 1999 Constitution (as amended) and cannot be waived except by express consent or conduct.

“In conclusion, the no-case submissions fail in light of the evidence presented by the prosecution. The applications are dismissed, and the defendants are ordered to open their defence,” he ruled.

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