The Federal High Court in Abuja has ruled that suspended Deputy Commissioner of Police, Abba Kyari and his brothers, Mohammed and Ali, must begin their defense in the criminal case filed against them by the National Drug Law Enforcement Agency (NDLEA).
In its ruling on Tuesday, the court rejected 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 face a 23-count charge of failure to fully disclose their assets, concealing ownership of assets and laundering the proceeds of crime. These offenses 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 presented more than 20 exhibits to support its case. However, the defendants urged the court to dismiss the charges, claiming that the evidence did not link them to the alleged crimes.
Delivering his verdict, Justice James Omotosho rejected their arguments, holding that the prosecution had presented sufficient evidence to answer the defendants.
The judge said, “After reviewing the exhibits and testimonies presented, I am satisfied that the prosecution has established a prima facie case which requires explanations from the defendants.”
Justice Omotosho clarified that the judgment is not a declaration of guilt but is intended to ensure that the defendants are given an opportunity to present their defense in line with their constitutional right to a fair trial.
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“The existence of a prima facie case does not indicate guilt. It only means that the defendants have sufficient evidence to answer. The burden remains on the prosecution to prove its case beyond reasonable doubt as required under Section 135(1) of the Evidence Act, 2011.”
Kyari argued that under Section 128 of the Evidence Act, ownership of state land can only be proven by certified true copies of title documents, which the NDLEA did not produce. However, the judge ruled that the issue should be determined during a full hearing and not at the no-case stage.
Justice Omotosho said, “The credibility of the evidence cannot be assessed at this point. The defendants must first present their defence.”
He further said 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.
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“In conclusion, no case presented by the prosecution fails in the light of the evidence adduced. The applications are dismissed, and the defendants are ordered to commence their defence,” he ruled.
The court gave Kyari and his brothers three days to prepare their defense and adjourned the case to November 4, 5 and 6 for the trial to continue.
