The Federal High Court on Thursday discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, of a 23-count charge bordering on alleged non-declaration of assets filed against him by the National Drug Law Enforcement Agency (NDLEA).
But the narcotics agency said that the court ruling will not affect its ongoing drug trafficking trial against Kyari.
In the earlier case, Justice James Omotosho held that NDLEA failed to provide sufficient evidence to establish the allegations against Kyari and his two brothers, who were also arraigned in the charge for allegedly swearing to false affidavits to conceal the origin of certain properties.
The judge held that the prosecution did not present credible materials linking Kyari to the landed properties said to be located at Fountain Estate, Kasana, which were alleged to belong to Ramatu Kyari.
According to the court, the prosecution equally failed to provide evidence connecting the suspended police officer to other properties said to be located on Linda Choko Road in Asokoro, Abuja, as well as in Maiduguri, Borno State.
Justice Omotosho noted that ownership of a landed property could be established through traditional history, title documents, acts of possession or possession by connection, adding that none of these was presented by the prosecution to prove that the properties allegedly linked to Kyari were indeed owned by him.
The court further held that, in his defence, Kyari maintained that the Maiduguri properties belonged to his late father and were inherited by him and his siblings, a claim the prosecution failed to disprove during the trial.
The judge also faulted the conspiracy charge filed against Kyari’s brothers, holding that the prosecution failed to establish the allegation and appeared to have charged them in bad faith.
Justice Omotosho consequently held that the case presented by the NDLEA lacked merit and discharged and acquitted Kyari and the other defendants on all 23 counts.
Immediately after Justice Omotosho’s verdict, the NDLEA clarified that its substantive drug trafficking case against Kyari, remains ongoing.
The agency stated that the drug-related prosecution is scheduled to continue before Justice Emeka Nwite of the Federal High Court in Abuja on Monday, 16 March 2026.
NDLEA said that the clarification became necessary following the decision of Justice Omotosho, who discharged Kyari in a 23-count charge relating to alleged money laundering and non-declaration of assets.
According to the anti-narcotics agency, the ruling concerns a different case and should not be mistaken for the drug trafficking charges filed against the suspended police officer.
Responding to inquiries, NDLEA’s Director of Media and Advocacy, Mr. Femi Babafemi explained that the prosecution team has been directed to obtain the Certified True Copy (CTC) of the judgement before determining the next legal step.
He stressed that the matter decided by Justice Omotosho is entirely separate from the drug case pending before Justice Nwite.
‘First, I need to clarify that the ruling by Justice Omotosho is completely different from the main and substantive drug case which continues before Justice Emeka Nwite of the Federal High Court, Abuja, on Monday, 16 March 2026. That one is very much on course’, Babafemi said.
He added that the agency’s legal team would review the full judgement once the CTC is obtained to guide the NDLEA management in deciding whether an appeal against the ruling would be necessary.
