Federal High Court in Abuja Acquits Suspended Police Officer Abba Kyari in NDLEA Asset Declaration Case

 


Abuja, March 5, 2026 – The Federal High Court in Abuja has delivered a landmark judgment acquitting suspended Deputy Commissioner of Police Abba Kyari and his two brothers, Mohammed Kyari and Ali Kyari, in a high-profile asset declaration case instituted by the National Drug Law Enforcement Agency (NDLEA) in 2022.

Justice James Omotosho, in a detailed ruling that lasted nearly three hours on Wednesday, March 4, 2026, dismissed all 23 counts brought against the defendants. The court held that the prosecution failed to prove beyond reasonable doubt that the former head of the Police Intelligence Response Team (IRT) had made false declarations or concealed assets as alleged.

The NDLEA had accused Kyari of failing to fully disclose certain properties in his asset declaration forms, in violation of the Code of Conduct Bureau and Tribunal Act and related anti-corruption laws. Central to the case were three houses located in the EFAB Metropolitan Estate in Abuja’s highbrow Gwarinpa district. Prosecutors claimed the properties belonged to Kyari but were not properly declared in his name, suggesting concealment or fraudulent misrepresentation.

During the trial, which spanned several months, the NDLEA presented documentary evidence, witness testimonies, and land registry records to argue that the properties were acquired through Kyari’s influence and resources while he served in sensitive police positions. The agency further alleged that the non-disclosure constituted a deliberate breach of public trust and an impeachable offence under the law.

Delivering judgment in suit number FHC/ABJ/CR/408/2022, Justice Omotosho rejected the prosecution’s claims. The court found that Kyari had indeed listed the three houses in his asset declaration forms submitted to the Code of Conduct Bureau—but had indicated they belonged to his wife. The judge ruled that this disclosure was not false, misleading, or incomplete.

“The prosecution failed to establish that the properties in question were actually owned by the first defendant [Abba Kyari] or acquired through illicit means,” Justice Omotosho held. “Mere suspicion or speculation cannot substitute for concrete, cogent, and compelling evidence required to secure a conviction in a criminal matter.”

The court further noted that the NDLEA had not produced sufficient proof—such as title documents, payment receipts, or credible witness testimony—linking the properties directly to Kyari in a manner that contradicted his declaration. The judge described the agency’s case as relying heavily on inference rather than verifiable facts.

In a strongly worded portion of the judgment, Justice Omotosho criticised the NDLEA’s handling of the matter, describing the prosecution as appearing “too hasty” and bearing the hallmarks of “persecution” rather than a dispassionate pursuit of justice. He cautioned law enforcement agencies against allowing investigations to be influenced by external pressures or preconceived narratives, particularly in cases involving high-profile public officers.

“The manner in which this case was initiated and prosecuted raises serious questions about fairness and due process,” the judge remarked. “The court cannot lend itself to proceedings that appear motivated by anything other than the strict application of the law.”

Following these findings, the court discharged and acquitted Abba Kyari and his brothers of all 23 counts. The judgment effectively ends the asset forfeiture and criminal prosecution aspect of the long-running legal battle that began in 2022, shortly after Kyari’s suspension from the Nigeria Police Force over unrelated allegations of misconduct and links to internet fraudster Ramon Abbas (Hushpuppi).

Kyari, once one of Nigeria’s most celebrated and controversial police officers, had led high-profile operations against kidnapping, armed robbery, and cybercrime before his suspension in July 2021. The NDLEA case formed part of a broader series of investigations and legal actions against him following his arrest by the Federal Bureau of Investigation (FBI) in connection with the Hushpuppi scandal.

While the asset declaration case has now been resolved in his favour, Kyari remains suspended from the Nigeria Police Force pending the outcome of other disciplinary and criminal proceedings. Legal experts note that Wednesday’s judgment could strengthen his position in ongoing matters, as it casts doubt on the credibility of earlier allegations against him.

NDLEA officials have not yet indicated whether they intend to appeal the ruling. A spokesperson for the agency said the service was studying the judgment and would take appropriate steps in due course.

The acquittal has elicited mixed reactions. Supporters of Kyari hailed the decision as a vindication of his integrity and proof that previous cases against him were politically motivated. Critics, including civil society groups that have long called for accountability in the police force, expressed disappointment, arguing that the judgment highlights gaps in the prosecution’s evidence-gathering process rather than exonerating Kyari outright.

The case underscores ongoing tensions between Nigeria’s anti-corruption and law enforcement agencies, particularly when high-profile officers are involved. It also highlights the judiciary’s insistence on strict proof beyond reasonable doubt in criminal trials involving public officials.

As the ruling stands, Abba Kyari and his brothers walk free from the NDLEA’s asset declaration charges, marking a significant legal victory for the suspended police officer amid years of intense scrutiny.

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