Suspended Deputy Commissioner of Police, Abba Kyari, has told the Federal High Court in Abuja that several properties linked to him by the National Drug Law Enforcement Agency (NDLEA) were not his, but part of his late father’s vast estate jointly owned by his siblings.
Kyari, who began his defence before Justice James Omotosho, said his father left behind over 20 houses in Maiduguri, Borno State, which were shared among his 30 children after his passing.
According to him, some of the properties were sold to pay for his father’s medical treatment before his death.
“My Lord, I cannot include those houses in my assets declaration form because they belong to my late father, not me. If I eventually receive my share, I can then declare it,” Kyari told the court during cross-examination by NDLEA’s counsel, Sunday Joseph.
The embattled officer is facing 23 counts filed by the NDLEA, alongside his brothers, Mohammed Kyari and Ali Kyari. The agency alleges that they failed to declare their assets, disguised ownership of properties, and converted funds in violation of anti-drug and anti-money laundering laws.
The case, marked FHC/ABJ/CR/408/2022, is being prosecuted under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
So far, the prosecution has called 10 witnesses and tendered 20 exhibits.
Kyari and his co-defendants had earlier filed a no-case submission, arguing that the NDLEA failed to establish a case against them. However, Justice Omotosho dismissed the application on October 28, holding that a prima facie case had been established, though this did not imply guilt.
Continuing his defence, Kyari maintained that the agency had not produced sufficient evidence to prove ownership of the said properties. He cited Section 128 of the Evidence Act, which, according to him, requires certified true copies of title documents to prove transactions involving state lands.
“About four of the properties were even sold. NDLEA cannot just claim they are mine without proof,” he added.
Kyari, who holds a Bachelor’s degree in Geography, said he joined the Nigeria Police Force on May 1, 2000, and was fully familiar with the asset declaration process.
When asked again if he had declared any interest in the family properties, he insisted he had not because the assets were collectively owned.
“I cannot include my father’s properties in my declaration form because they belong to the entire family. If I get my percentage share, I can declare it, but not before then,” he said.
He also told the court that proceeds from some of the sold properties were used to assist relatives in financial distress.
Kyari admitted that he initially refused to fill out the NDLEA asset-declaration form until his lawyers were present.
“Yes, I told them I wouldn’t make a statement without my lawyers. One officer later informed me that refusal to fill the form was a criminal offence,” he recounted.
He further explained that millions of naira found in his bank accounts were operational funds provided by the police and some state governors for special security assignments.
As former Commander of the Anti-Robbery Squad and later Head of the Intelligence Response Team (IRT), Kyari said he managed over 1,000 operations, and funds were sometimes routed through his account for logistics and disbursement.
When asked why some official funds were sent through his relatives’ accounts, Kyari said the money was used to repay loans he had taken from them to cover urgent security operations, citing delays in government releases.
Justice Omotosho stated that the question of whether family properties must be declared would be determined in the court’s final written addresses.
The NDLEA also tendered several bank documents bearing Kyari’s name, after which the prosecution sought more time to obtain additional materials for further cross-examination.
The case was adjourned to November 12 for continuation of the hearing.
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