A Federal High Court in Abuja has dismissed a no-case submission application filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers. The court’s ruling, delivered by Justice James Omotosho, determined that the National Drug Law Enforcement Agency (NDLEA) had established a prima facie case against the defendants, necessitating their defense.
The NDLEA had filed a 23-count charge against Abba Kyari, Mohammed Kyari, and Ali Kyari, alleging failure to disclose their assets fully, disguising ownership of properties, and converting monies. These offenses are punishable under the National Drug Law Enforcement Agency Act and the Money Laundering (Prohibition) Act, 2011. After calling 10 witnesses and tendering at least 20 exhibits, the prosecution closed its case, prompting the defendants to make a no-case submission.
Justice Omotosho, in his ruling, emphasized that the evidence presented by the prosecution had founded sufficient ground for proceeding with the trial. The judge clarified that establishing a prima facie case does not imply guilt but rather affords the defendants their right to a fair hearing, allowing them to present their defense before the court. The defendants are presumed innocent until proven guilty, and the prosecution must prove the charges beyond reasonable doubt.
The court’s decision is based on the evidence and exhibits presented, which point to a connection between the defendants and the alleged offenses. This connection, although it may seem slight, constitutes prima facie evidence, requiring the defendants to enter their defense or offer a rebuttal. Justice Omotosho has ordered the defendants to present their defense within three days, with the matter adjourned until November 4, 5, and 6 for the defense.
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 defense presented by the defendants, weighing the evidence to reach a just verdict. The outcome of this case will have implications for the defendants and may set precedents for similar cases in the future.