The suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers have failed in their bid to halt their ongoing trial over allegations of failing to fully disclose their assets.

Justice James Omotosho of the Federal High Court, Abuja, on Tuesday dismissed their no-case submissions, ruling that the prosecution, the National Drug Law Enforcement Agency (NDLEA), had established a prima facie case against the defendants.

The NDLEA, in a 23-count charge, accused Abba Kyari, Mohammed Kyari, and Ali Kyari of failing to declare all their assets, disguising ownership of properties, and converting proceeds of illegal activities.

The offences are punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.

In his ruling, Justice Omotosho held that the prosecution’s evidence and exhibits were sufficient to warrant the defendants being called upon to enter their defence.

“The evidence of the prosecution has found sufficient grounds for proceeding with this trial. A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence,” the judge said.

“They are therefore required to enter their defence or offer a rebuttal.”

He clarified that the court’s decision did not imply guilt, but was intended to allow the defendants to exercise their constitutional right to defend themselves under Section 36 of the 1999 Constitution.

“The defendants are still presumed innocent until proven guilty, and the prosecution still bears the burden of proving the charge beyond a reasonable doubt,” he stated.

Justice Omotosho rejected the no-case submissions, ordering the defendants to open their defence within three days, and adjourned the matter till November 4 for that purpose.

During its case, the NDLEA called 10 witnesses and tendered about 20 exhibits.
The defendants, however, opted to file no-case submissions instead of opening their defence after the prosecution closed its case.