THE Federal High Court in Abuja has ruled that suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers, Mohammed and Ali, must enter their defence in the 23-count criminal charge brought against them by the National Drug Law Enforcement Agency (NDLEA).
News Point Nigeria reports that the ruling, delivered on Tuesday by Justice James Omotosho, dismissed the no-case submissions filed by the defendants who had argued that the prosecution failed to establish a prima facie case linking them to the alleged offences.
Kyari, a former Commander of the Police Intelligence Response Team (IRT), is currently facing allegations of non-disclosure of assets, disguising the ownership of properties, and converting proceeds of crime, violations punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
During trial, the NDLEA called 10 prosecution witnesses and tendered over 20 documents in an attempt to prove that the embattled senior police officer used proxies and shell entities to conceal multiple assets acquired from illicit proceeds.
Kyari and his siblings, however, insisted that the agency failed to link them to the properties in question, arguing that only certified official land documents could be used to prove ownership citing Section 128 of the Evidence Act.
But ruling on the application, Justice Omotosho held that the defendants must provide answers to the weighty allegations already made against them.
“In view of all the exhibits and the evidence of the prosecution, the defendants need to offer explanations in this regard,” the judge said.
He stressed that the ruling does not imply guilt, but gives the defendants a constitutional platform to explain their side of the case.
“A connection between the defendants and the alleged offences, no matter how slight, constitutes prima facie evidence,” he added.
The court reaffirmed that the defendants remain presumed innocent until proven guilty beyond reasonable doubt, in compliance with Section 135(1) of the Evidence Act.
Justice Omotosho further described the right to defend oneself as “fundamental and cannot be waived except explicitly or by conduct.”
Having dismissed the no-case submissions, the court ordered Kyari and his co-defendants to open their defence within three days.
He subsequently adjourned the case to November 4, 5 and 6 for continuation of trial.
