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.
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.
