Undeclared assets: Court dismisses case against Abba Kyari, brother

•Drug case against him on course -NDLEA

From Godwin Tsa, Abuja

The  Federal High Court, Abuja,  has dismissed a case filed by the National Drug Law Enforcement Agency (NDLEA) against suspended DCP Abba Kyari on allegations bordering on non-disclosure of assets.

Justice James Omotosho dismissed the suit filed against Kyari and his younger brothers, Mohammed Kyari and Ali Kyari, on the grounds that the anti-narcotics agency’failed to prove its case beyond a reasonable doubt.

The judge held that the burden of proving a case beyond a reasonable doubt falls on the prosecution, which it had failed to do discharge.

Indeed, Justice Omotosho described the case against Kyari and his brothers as “persecution.”

Consequently, the judge discharged and acquitted the defendants of the charge.

The NDLEA is prosecuting Kyari, the former head of the Police Intelligence Response Team (IRT), and his two brothers on allegations bordering on non-disclosure of assets.

Justice James Omotosho fixed the date after counsel for the NDLEA, Sunday Joseph, Kyari’s lawyer, Onyechi Ikpeazu, SAN, and his brothers’ counsel, Monjok Agom, adopted their processes and presented their arguments for and against the charge.

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

The anti-narcotics agency alleged that Abba and his two younger brothers, Mohammed and Ali, failed to make a full disclosure of their assets.

It said it uncovered 14 assets, including shopping malls, residential estates, polo playground, lands and farmland belonging to Kyari.

Kyari was alleged to have failed to disclose his ownership of properties in different locations in the Federal Capital Territory, Abuja, and in Maiduguri, Borno.

Meanwhile,  the National Drug Law Enforcement Agency (NDLEA) has clarified that its substantive drug case against  Kyari is very much on course and billed for continuation before Justice Emeka Nwite of the Federal High Court Abuja on Monday 16th March 2026.

The anti-drug agency stated this when reacting to the discharge of Abba Kyari by Justice James Omotosho on a 23-count charge bordering on alleged non-declaration of assets filed against him by NDLEA. When called to ask if the agency will appeal Justice Omotosho’s ruling, the NDLEA’s Director of Media and Advocacy, Femi Babafemi stated that the prosecution team will need to obtain the Certified True Copy (CTC) of the judgement to know the details of the ruling and thereafter be guided on its next line of action.

According to him, “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 16th March 2026. That one is very much on course. The case determined by Justice Omotosho today is a different case of money laundering and non-declaration of assets.

“On your question on whether the agency will appeal the ruling or not, the prosecution team has been directed to apply for the CTC of the judgement which details will help the management take a decision on what next to do”

However the Nigeria Correctional Service (NCoS) FCT Command, has the suspended  Kyari, is still in its custody.

The command’s Public Relations Officer (CPRO), Samson Duza, said this was in spite of Kyari being discharged in one of the cases against him.

Duza gave the clarification in an interview with the News Agency of Nigeria (NAN) on Thursday in Abuja while reacting to reports that Kyari had been discharged by a court.

He explained that Kyari was facing two separate cases, noting that the recent court decision only affected the charge bordering on alleged wrongful declaration of assets.

According to him, the court discharged Kyari in that case after ruling that the prosecution failed to provide sufficient evidence to sustain the allegations.

“He is having two cases. One for wrongful declaration of assets and the other for a drug-related offence.

“The one for wrongful declaration of assets is the one he was discharged for lack of merit or evidence.”

The CPRO explained that the presiding judge described the case as weak, adding that the prosecution was unable to substantiate the allegations brought against the suspended police officer.

He emphasised that Kyari remained in custody because the second case involving alleged drug offences was still before the court.

“The ongoing drug-related trial has not been concluded, and as such, Kyari would continue to remain in the custody of the NCoS pending the outcome of the proceedings,” he said.

NAN reports that Kyari, a former head of the Intelligence Response Team (IRT) of the Nigeria Police Force, has been facing legal battles following allegations linking him to drug trafficking activities.

NAN also reports that the clarification by the correctional authorities followed widespread reports suggesting that Kyari has been fully discharged by the court.

The NCoS reiterated that the suspended police officer remains in lawful custody pending the determination of the drug-related case currently before the court.