The Federal High Court in Abuja has dismissed a no-case submission filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers, ordering them to open their defence in a case brought against them by the National Drug Law Enforcement Agency (NDLEA).
Delivering the ruling on Tuesday, Justice James Omotosho held that the NDLEA had established a prima facie case against the defendants, warranting them to enter their defence.
Justice Omotosho ruled that the evidence presented by the prosecution was sufficient to proceed with the trial.
“In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in these regards,” the judge said.
He, however, clarified that the ruling did not amount to a declaration of guilt but ensured the defendants’ right to a fair hearing.
“The evidence of the prosecution has founded sufficient ground for proceeding with this trial. A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence and as such, the defendants would be required to enter their defence to the charge or offer a rebuttal of some sort,” he added.
Justice Omotosho stressed that “holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge. It is simply to allow the defendants exhaust their options for their defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision.”
He further reminded that the defendants are still presumed innocent until proven guilty, as provided under Section 135(1) of the Evidence Act, 2011.
The NDLEA, in a 23-count charge marked FHC/ABJ/CR/408/2022, accused Abba Kyari, Mohammed Kyari, and Ali Kyari of failing to make full disclosure of their assets, disguising ownership of properties, and converting monies.
The agency said the offences contravened Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
During trial, the NDLEA called 10 witnesses and tendered at least 20 exhibits. After the prosecution closed its case, the defendants filed a no-case submission, arguing that no evidence linked them to the alleged offences.
Kyari, through his lawyer, Dr. Obinna Onyia, maintained that the NDLEA failed to provide proof that he owned the said properties. He argued that under Section 128 of the Evidence Act, transactions involving state lands could only be proven by producing certified true copies of title documents.
In his ruling, Justice Omotosho said the court would refrain from evaluating the evidence at this stage but was satisfied that a prima facie case had been made.
“I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge. The evidence all point to the establishment of a prima facie case against the defendants,” the judge said.
He emphasized that the defendants’ right to defend themselves is a fundamental one guaranteed under Section 36 of the 1999 Constitution (as amended).
“In final analysis, the no-case submissions filed by the defendants cannot be upheld in the face of the evidence led by the prosecution. Consequently, the no-case submissions are hereby overruled. Accordingly, the defendants are hereby ordered to put in their defence,” Justice Omotosho declared.
He granted the defendants three days to open their defence and adjourned the matter to November 4, 5, and 6 for continuation of trial.
