
ABUJA—In a major legal victory for suspended Deputy Commissioner of Police (DCP) Abba Kyari, the Federal High Court in Abuja has dismissed charges of non-disclosure of assets brought against him and his two younger brothers by the National Drug Law Enforcement Agency (NDLEA).
Justice James Omotosho, delivering judgment on Thursday, March 5, 2026, ruled that the prosecution failed to establish its case beyond reasonable doubt. He placed the burden squarely on the NDLEA, which he said did not meet the threshold, describing the suit as amounting to “persecution” rather than legitimate prosecution.
The court consequently discharged and acquitted Kyari—former head of the Police Intelligence Response Team (IRT)—alongside Mohammed Kyari and Ali Kyari. All three had pleaded not guilty to the 23-count charge marked FHC/ABJ/CR/408/2022, filed in 2022.
Prosecution’s Allegations Fall Short
The NDLEA accused the trio of failing to fully declare assets, including 14 high-value properties such as shopping malls, residential estates, a polo playground, farmlands, and plots in Abuja’s Federal Capital Territory (FCT) and Maiduguri, Borno State. The agency also claimed to have traced over N207 million and €17,598 in their accounts at Guaranty Trust Bank (GTB), United Bank for Africa (UBA), and Sterling Bank.
Further allegations included “disguising ownership of properties” and money laundering, offenses said to violate Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
During trial, Kyari testified that many assets, including over 20 houses in Maiduguri, were inherited from his late father, a prominent figure in Borno. This inheritance claim, supported by earlier court filings, undermined the NDLEA’s narrative of illicit acquisition.
Counsel for the parties—NDLEA’s Sunday Joseph, Kyari’s Onyechi Ikpeazu (SAN), and the brothers’ Monjok Agom—had adopted their processes and argued vigorously before the ruling.
Broader Context in Kyari’s Legal Battles
This dismissal comes amid Kyari’s ongoing drug-related trials, where video evidence has previously questioned NDLEA conduct. In a related development last year, the court admitted footage allegedly showing NDLEA officers planting drugs, though Kyari remains suspended over separate IRT operations.
NDLEA’s push against Kyari fits its aggressive asset recovery drive, targeting figures like ex-CBN Governor Godwin Emefiele, who recently returned home after 151 days in detention. Critics argue such cases sometimes blur lines between enforcement and vendettas, especially post-Kyari’s high-profile arrests of bandits and cybercriminals.
The ruling reinforces judicial emphasis on prosecutorial proof, potentially impacting similar undeclared assets probes.
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