A Federal High Court in Abuja has dismissed an application by suspended senior police officer Abba Kyari and his brothers seeking to halt their trial for alleged non-disclosure of assets and money laundering.
Justice James Omotosho ruled on Tuesday that the National Drug Law Enforcement Agency (NDLEA) had established sufficient evidence requiring the defendants to respond to the charges.
“The prosecution’s evidence provides enough grounds to proceed,” the judge said. “A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence.”
He clarified that the ruling did not amount to a conviction but ensured the defendants’ constitutional right to fair hearing. “They are presumed innocent until proven guilty beyond reasonable doubt,” he said.
The NDLEA, in its 23-count indictment, accused Kyari and his brothers — Mohammed and Ali — of concealing assets, disguising property ownership, and converting funds contrary to Nigerian anti-narcotics and money laundering laws.
During the trial, the agency called 10 witnesses and submitted 20 exhibits to substantiate its case.
Following the prosecution’s presentation, the defendants filed a no-case submission, arguing through their counsel, Dr Obinna Onyia, that the NDLEA had failed to prove that Kyari owned the properties under dispute. Onyia cited Section 128 of the Evidence Act, which requires certified title documents to establish ownership of state land.
Justice Omotosho disagreed, ruling that the evidence presented warranted further judicial examination.
“Having reviewed the totality of the evidence, I find that a prima facie case exists against the defendants,” he said. “They must now enter their defence.”
The judge granted the defendants three days to file their defence and adjourned the case until 4, 5 and 6 November for continuation of trial.
