Suspended Deputy Commissioner of Police, Abba Kyari, on Wednesday told the Federal High Court in Abuja that several properties linked to him by the National Drug Law Enforcement Agency belonged to his late father and were jointly owned by his 30 siblings.
Kyari, who opened his defence before Justice James Omotosho, said his late father left behind more than 20 houses in Maiduguri, Borno State.
He added that some of the properties were sold to fund his father’s medical bills before his death.
He maintained that he could not have declared the properties in his assets form since he had not received his portion.
Under cross-examination by NDLEA counsel, Sunday Joseph, Kyari said,
“My Lord, I cannot put my interest about the property in the form because the 20 houses belong to my father and not me. If I get my percentage of share, I can put it, but until when I get my own percentage. All the properties left behind by my father belong to all his children and we are about 30 in number.”
Kyari is facing 23 counts filed against hum by the NDLEA, which alleged that he and two co-defendants, Mohammed Kyari and Ali Kyari, failed to fully declare their assets, disguised ownership of properties and converted funds contrary to the law.
The charges, marked FHC/ABJ/CR/408/2022, allegedly contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011. The prosecution has so far called 10 witnesses and tendered 20 exhibits before closing its case.
The defendants had filed a no-case submission, but the court dismissed it on October 28, ruling that a prima facie case had been established.
Justice Omotosho noted that the ruling did not imply guilt but allowed the defendants to enter their defence, stressing that they remain presumed innocent until proven otherwise.
Meanwhile, Kyari argued that the NDLEA failed to prove ownership of the properties tied to him, citing Section 128 of the Evidence Act, which he said requires certified true copies of title documents to prove transactions over state lands.
“About four of the properties were sold then,” he noted.
PUNCH.
