Tag: Abba Kyari

Suspended DCP Abba Kyari, on Tuesday, denied ownership of some of the property linked to him by the National Drug Law Enforcement Agency (NDLEA) in the ongoing trial bordering on alleged non-disclosure of assets.

Kyari, who opened his defence before Justice James Omotosho of the Federal High Court in Abuja, said some of the property belonged to his late father, who had about 30 children.

He stated this while being led in evidence as 1st defence witness (DW-1) by his lawyer, Onyechi Ikpeazu, SAN.

The defendant, who expressed surprised on the allegations, told the court that the documents of the assets are with the Ministry of Land in Borno.

He also refuted the allegations that he owned the polo ground in the state, saying he was surprised that the large expanse of the polo ground would be linked to him.

“Even Dangote who is the richest man in Nigeria does not own such a property, how much more some like me.

“The polo ground has been in existence even when I was a childhood. We used to go there to play,” he said.

Kyari, however, admitted ownership of a farmland located along Abuja-Kaduna Road, saying he had been on the farm in the last one decade.

He equally admitted that he operated accounts with United Bank for Africa (UBA), Access Bank and Guarantee Trust Bank (GTB), and that the over 7, 000 pounds found in his domiciliary account was earlier declared in line with the law.

He said his accounts were frozen by the prosecution.

Read Also: Abba Kyari, others fail to stop trial over alleged undisclosed assets

Kyari, who told the court that he was not part of the team that went to arrest the two drug traffickers at the Akanu Ibiam, International Airport in Enugu States, alleged that the NDLEA officers at the airport were indicted in the act.

He said he was not arrested as a result of the allegations against him but he submitted himself for investigation through his office.

Kyari, who said he was the head of Police Intelligence Response Team (IRT) at the time, said several high profile criminals was arrested by his team.

Justice Omotosho adjourned the matter until Nov. 5 for continuation of the trial.

The News Agency of Nigeria (NAN) reports that Justice Omotosho had, on Oct. 28, dismissed a no-case submission application filed by Kyari and his two brothers in a charge filed against them by the NDLEA.

The judge, in a ruling, held that a prima facie case had been made out against the defendants to warrant them to enter their defence.

According to the judge, this is not to say that the defendants are guilty as charged but simply that they be afforded their right to fair hearing and put in their defence before this court.

“The defendants are still presumed innocent until proven guilty and the prosecution still has the duty to prove the charge beyond reasonable doubt,” the judge said, 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.

The anti-narcotics agency, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”

The NDLEA said the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.

After the defendants were arraigned, the NDLEA called 10 witnesses to prove their case and tendered at least 20 exhibits.

The defendants then elected to make a no-case submission after the prosecution closed its case.

Kyari, in his written address by his lawyer, Dr Obinna Onyia, argued that the NDLEA had failed to provide evidence showing indeed that he was the owner of the said property.

Citing Section 128 of the Evidence Act, Kyari submitted that “transactions over state lands can only be proven by production of certified true copies of the title documents and no other form of evidence in admissible,” among other arguments.

NAN reports that Kyari, alongside other four suspended police officers, is equally facing another trial before Justice Emeka Nwite on alleged cocaine deal.

The two of the drug traffickers; Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were arrested by the IRT, were convicted and sentenced to two years’ imprisonment by Justice Nwite in 2022.(NAN)

Suspended Deputy Commissioner of Police (DCP)Abba Kyari and his two brothers failed on

Tuesday in their bid to terminate their ongoing trial for alleged failure to fully disclose their assets.

The National Drug Law Enforcement Agency (NDLEA), in the 23-count charge, alleged that Abba Kyari, Mohammed Kyari and Ali Kyari failed to make full disclosure of their assets.

In a ruling on Tuesday, Justice James Omotosho rejected the no-case submissions the defendants made after the prosecution closed its case.

Justice Omotosho held, among others, that the prosecution has established a prima facie case against the defendants to warrant their being called upon to enter a defence.

The judge said: “In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in this regards.

“The evidence of the prosecution has founded sufficient ground for proceeding with this trial. 

“A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence and as such, the defendants would be required to enter their defence to the charge or offer a rebuttal of some sort. 

“I must say here that holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge. 

“It is simply to allow the defendants exhaust their options for their defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision. 

“The defendants are still presumed innocent until proven guilty and the prosecution still has the duty to prove the charge beyond reasonable doubt,” Justice Omotosho said.

The judge held that at this stage of the case, the court would refrain from evaluating the evidence but, limit itself to stating that on the whole, a prima facie case had been made out against the defendants.

Read Also: Alleged drug deal: You have case to answer, court tells DCP Abba Kyari, others

He added: “I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge. 

“The evidence all point to the establishment of a prima facie case against the defendants. 

“The evidence is such that the defendants must proffer some explanation or defence to the allegation made against them, especially considering the seriousness of the offences as their liberty is at stake. 

“The right of a defendant to defend himself/herself is a fundamental right provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). 

“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives same.

“These defendants, having not waived their right to defend themselves either expressly or by conduct they are hereby called upon to put in their defence to the charge against them. 

“In the final analysis, the no-case submissions filed by the defendants cannot be upheld in the face of the evidence led by the prosecution. 

“Consequently, the no-case submissions are hereby overruled. 

“Accordingly, the defendants are hereby ordered to put in their defence,” he said and ordered them to do so within three days.

He the adjourned till November 4 for the defendants to open their defence.

Beside accusing the defendants of failing to fully disclose their assets, the NDLEA, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”

According to the NDLEA, the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011. 

In conduct its case, the prosecution called 10 witnesses to prove their case and tendered about 20 exhibits.

Rather than open their defence immediately, the defendants chose to make no-case submissions after the prosecution closed its case.

A Federal High Court in Abuja has rejected the no-case submissions made by a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force (NPF), DCP Abba Kyari, and four other of his co-defendants.

Kyari and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are being prosecuted on charges of conspiracy to deal in 17.55kg of cocaine.

They are also accused of dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.

Each of the five defendants had made a no-case submission after the prosecuting agency – the National Drug Law Enforcement Agency (NDLEA) – closed its case after calling a number of witnesses 

They had argued, among others, that the prosecution failed to establish a prima face against them to warrant their being called upon to to enter defence.

Ruling Friday, Justice Emeka Nwite held that, with the state of evidence led so far by the prosecution, he was convinced that a prima facie case had been established against the defendants to require them to put forward d.their defence.

Justice Nwite held the same view in the five separate rulings he delivered on Friday.

In one of the rulings, he said in summary, assuming without conceding that the defendants were charged with less amount of cocaine, lesser than 17.55 kg or more than that, it does not take away the fact that there is prima facie evidence that the first defendant (Kyari) dealt or tampered with cocaine.

The judge added that the first defendant’s lawyer on the need to sufficiently prove the amount of cocaine on the face of the charge is not the requirement of the law.

Read Also: Alleged drug deal: Appeal Court refuses Abba Kyari’s request to quash charge

Justice Nwite said there is nothing on the face of the section of the law, on which the defendants were charged, that states or provide different punishment as it relates to the quantity or amount of cocaine, whether the charge provide for 1 kilogram or more.

He said the punishment is ascribed to it in the law.

Justice Nwite held: “In view of the foregoing, I am of the view and I so hold that a prima facie case has been made out against the first defendant in the five count charge and I hereby order him to enter his defense in all the five count.”

The judge issued similar order in relation to the other four defendants.

He adjourned till May 21 for the defendants to commence their defence.

…orders Federal High Court to proceed with trial

The Court of Appeal in Abuja has dismissed an appeal by suspended Deputy Commissioner of Police (DCP), Abba Kyari praying that the alleged unlawful drug deal charge against him be quashed.

In a judgment on Thursday, July 18, a three-member panel of the appellate court dismissed Kayri’s appeal, marked: CA/ABJ/CR/516/2023 for being unmeritorious.

In the lead judgment, Justice Adebukola Banjoko held that there was no reason to tamper with the findings and conclusions reached on the issue by Justice Emeka Nwite of the Federal High Court, in the ruling he delivered on March 22, 2023.

Justice Banjoko said: “In conclusion, this court finds no reason to disturb the findings and conclusions reached by the learned trial judge of the Federal High Court, and in the ruling delivered on the 22nd day of March 2023 is affirmed.

“The learned trial judge is directed to continue and conclude the trial at the Federal High Court.

“The appeal is found unmeritorious and it is accordingly dismissed.”

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Justices Justice Peter Obiora and Okon Abang, who were on the panel, agreed with the lead judgment.

Kyari’s appeal was against the March 22 ruling by Justice Nwite, in which he declined to quash the charge and dismissed an application filed by Kyari.

Kyari had, in his apppplication, challenged the jurisdiction of the court to try him and four other serving police personnel when they were yet to be subjected to the internal disciplinary mechanisms of the Nigeria Police Force (NPF).

In his ruling, Justice Nwite held that the Federal High Court has the exclusive right and jurisdiction to hear drug-related cases as enshrined in the Constitution and the National Drug Law Enforcement Agency (NDLEA) Act.

Justice Nwite that the powers of the Police Service Commission (PSC) do not supersede the powers of the Federal High Court

Kyari, who is a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force is being prosecuted by the NDLEA

He and four members of the IRT – ACP Sunday J. Ubua, ASP Bawa James, Inspector Simon Agirgba and Inspector John Nuhu are charged with conspiracy to deal in 17.55kg of cocaine.

They were also accused of dealing in cocaine without lawful authority; conspiracy to tamper with cocaine and unlawfully tampering with the 21.35kg of cocaine seized from two convicted drug dealers.