A Federal High Court in Abuja has dismissed a no‑case submission filed by suspended Deputy Commissioner of Police Abba Kyari and his two brothers. Justice James Omotosho ruled that the National Drug Law Enforcement Agency (NDLEA) had established a prima facie case against the defendants, obliging them to present a defence.
The NDLEA had lodged a 23‑count charge against Abba Kyari, Mohammed Kyari and Ali Kyari, accusing them of failing to fully disclose their assets, disguising ownership of properties and converting monies. These offences are punishable under the National Drug Law Enforcement Agency Act and the Money Laundering (Prohibition) Act, 2011. After calling ten witnesses and tendering at least twenty exhibits, the prosecution closed its case, prompting the defendants to make a no‑case submission.
In his ruling, Justice Omotosho emphasized that the prosecution’s evidence provided sufficient grounds to proceed to trial. He clarified that establishing a prima facie case does not equate to guilt; it merely secures the defendants’ right to a fair hearing, allowing them to present their defence. The defendants remain presumed innocent until proven guilty, and the prosecution must prove the charges beyond reasonable doubt.
The court’s decision rests on the evidence and exhibits presented, which indicate a connection between the defendants and the alleged offences. Although the link may appear slight, it constitutes prima facie evidence, requiring the defendants to enter a defence or offer a rebuttal. Justice Omotosho ordered the defendants to present their defence within three days, with the matter adjourned to 4, 5 and 6 November for the defence.
This ruling marks a significant development in the case against Abba Kyari and his brothers, underscoring the importance of due process and the right to a fair trial. As the trial progresses, the court will carefully consider the defence presented, weighing the evidence to reach a just verdict. The outcome will have implications for the defendants and may set precedents for similar cases in the future.
Comments are closed for this story.