The Federal High Court in Abuja has dismissed a no-case submission filed by suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers, ruling that they must face trial for allegedly failing to declare their assets in full.
Justice James Omotosho, who delivered the ruling on Tuesday, held that the National Drug Law Enforcement Agency (NDLEA) had established a prima facie case against the defendants to warrant them entering 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”.
The NDLEA, in a 23-count charge, accused Kyari and his brothers , Mohammed Kyari and Ali Kyari, of failing to declare all their assets, disguising ownership of properties, and converting proceeds of illegal activities. The alleged offences contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
Justice Omotosho noted that the prosecution’s evidence, including exhibits and witness testimonies, provided enough material to link the defendants to the alleged crimes. However, he clarified that the ruling did not amount to a conviction.
“The defendants are still presumed innocent until proven guilty, and the prosecution still bears the burden of proving the charges beyond a reasonable doubt,” he stated.
During the trial, the NDLEA called 10 witnesses and tendered about 20 exhibits to support its case. Instead of opening their defence, the defendants opted to file no-case submissions, arguing that the evidence presented was insufficient to sustain the charges.
The judge disagreed, ruling that the prosecution had met the minimum threshold required to continue the case. He consequently dismissed their applications and directed the defendants to open their defence within three days.
The matter was adjourned until November 4 for the continuation of trial.
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