The Federal High Court in Abuja has dismissed the no-case submission filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers in the criminal case brought against them by the National Drug Law Enforcement Agency (NDLEA).
Kyari, along with his brothers Mohammed and Ali, is facing 23 counts related to the alleged non-disclosure of assets, concealment of property ownership, and conversion of proceeds of crime offences punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
During the trial, the prosecution called 10 witnesses and tendered over 20 exhibits in evidence.
In response, the defendants submitted a no-case application, arguing that the NDLEA had failed to establish a prima facie case that would require them to present a defence.
However, in his ruling on Tuesday, Justice James Omotosho rejected the application, holding that the prosecution had indeed established a prima facie case against the defendants.
“Considering all the exhibits and testimonies before the court, the defendants must provide explanations regarding the evidence presented,” the judge ruled.
Justice Omotosho clarified that the ruling did not amount to a declaration of guilt but was meant to allow the defendants the opportunity to present their defence in line with their constitutional right to a fair hearing.
“A prima facie case does not imply guilt. It simply means that the prosecution has provided enough evidence to warrant the defendants’ response,” he explained.
“The defendants remain innocent until proven guilty, and the burden of proof lies entirely on the prosecution, as required by Section 135(1) of the Evidence Act, 2011.”
Kyari and his brothers had argued that the NDLEA failed to prove ownership of the alleged properties and that, under Section 128 of the Evidence Act, transactions involving state land could only be proven through certified true copies of title documents. They claimed that no such admissible evidence was presented.
Justice Omotosho disagreed, noting that the court was not at the stage of weighing evidence but only determining whether there was a case requiring a defence.
“After reviewing the evidence, I find that the prosecution has made a sufficient showing to warrant a response from the defendants, given the seriousness of the allegations,” he stated.
He emphasized that the right to defend oneself is a fundamental one guaranteed under Section 36 of the 1999 Constitution (as amended) and can only be waived expressly or by conduct.
Concluding his ruling, Justice Omotosho said “In light of the evidence before the court, the defendants’ no-case submissions are hereby dismissed. The defendants are ordered to open their defence.”
The judge directed Kyari and his brothers to begin their defence within three days and adjourned the trial to November 4, 5, and 6 for continuation.
Advertisement
