Court Frees Suspended DCP Abba Kyari from Non Asset Declaration Charge

*As NDLEA insists drug case continues

Alex Enumah and Michael Olugbode in Abuja

A Federal High Court in Abuja has discharged and acquitted the suspended ‘Supercop’ DCP Abba Kyari of the non-declaration of assets charge filed against him and his two brothers by the National Drug Law Enforcement Agency (NDLEA).

This is just as the NDLEA clarified that the acquittal has nothing to do with the ongoing trial on alleged drug trafficking, assuring that the agency would pursue the drug case to the end.

In a judgment delivered on Thursday in the non-disclosure of asset charge, Justice James Omotosho, freed the defendants from all the allegations, shortly after dismissing the suit on the grounds of absence of a prima facie case against them.

The anti narcotics agency had filed charges against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, alleging failure to disclose properties linked to the suspended Supercop.

But, in his judgment on Thursday, Omotosho noted that the evidence tendered by the prosecution as well as the testimonies of prosecution witnesses was not strong enough to prove the ingredients of the charge.

According to the court, the burden of proving a case beyond reasonable doubt falls on the prosecution, a task which it failed to prove.

While describing the case against Kyari and his brothers as “persecution”, the judge went ahead to discharge and acquit the defendants of the charge.

The NDLEA had prosecuted Kyari, the former head of the Inspector General (IG) of Police Intelligence Response Team (IRT), and his two brothers on allegations bordering on non-disclosure of assets.

The agency, in the 23-count charge, named Abba, Mohammed and Ali as 1st to 3rd defendants respectively.

According to the charge, the defendants failed to make full disclosure of their assets, including shopping malls, residential estate, polo playground, lands and farmland belonging to Kyari.

Kyari was alleged to have failed to disclose his ownership of the property in different locations in the Federal Capital Territory (FCT), Abuja and Maiduguri in Borno State.

Besides, the agency claimed that over N207 million and Є17, 598 were also discovered in Kyari’s various accounts in Guarantee Trust Bank, United Bank for Africa and Sterling Bank.

In the charge marked: FHC/ABJ/CR/408/2022, the defendants were also accused of “disguising of ownership of properties and conversion of monies.”

The offences the NDLEA disclosed 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.

The defendants had earlier pleaded not guilty to all the counts.

Meanwhile, NDLEA has reaffirmed that its substantive drug trafficking case against suspended Deputy Commissioner of Police, Abba Kyari, remains firmly on track, clarifying that recent court proceedings discharging him on a separate matter do not affect the ongoing trial.

The agency said the core drug case is scheduled to continue before Justice Emeka Nwite of the Federal High Court, Abuja, on Monday, March 16, 2026.

NDLEA’s clarification follows the decision of Justice James Omotosho, who discharged Kyari in a 23-count charge relating to alleged money laundering and non-declaration of assets. The anti-narcotics agency stressed that the ruling pertains to a different case and should not be confused with the main drug prosecution.

Reacting to inquiries on whether the agency would challenge the ruling, NDLEA’s Director of Media and Advocacy, Femi Babafemi, explained that the prosecution team has been directed to obtain the Certified True Copy (CTC) of the judgment before determining the next legal step.

He emphasized that the matter decided by Justice Omotosho is distinct from the substantive drug charges pending before Justice Nwite, noting that the latter remains active and unaffected.

The spokesman of the anti-narcotics agency, Femi Babafemi in a statement on Thursday, said: “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, March 16, 2026. That one is very much on course.”

He added that the prosecution team would review the detailed judgment upon receipt of the CTC to guide the agency’s management in deciding whether an appeal is warranted.

The development underscores the complex legal battles facing the suspended senior police officer, as the NDLEA maintains its resolve to pursue the substantive drug allegations to their conclusion in court.