Court Dismisses Abba Kyari, Brothers’ No‑Case Submission in NDLEA Asset Disclosure Trial
The Federal High Court, Abuja, on Tuesday dismissed the no‑case submissions filed by suspended Deputy Commissioner of Police, Abba Kyari, and his brothers, Mohammed and Ali, in the criminal proceedings instituted against them by the National Drug Law Enforcement Agency (NDLEA).
The defendants are standing trial on a 23‑count charge bordering on non‑disclosure of assets, concealment of property ownership, and conversion of proceeds of crime. These offences are punishable under Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011.
To establish its case, the prosecution called 10 witnesses and tendered 20 exhibits. The defendants, however, filed no‑case submissions, contending that the NDLEA had failed to establish a prima facie case linking them to the alleged offences.
In his ruling, Justice James Omotosho held that the prosecution had indeed established a prima facie case sufficient to warrant the defendants entering their defence. He stated: “In view of all the exhibits and the evidence of the prosecution, the defendants need to offer explanations in this regard.”
The court clarified that the ruling did not amount to a finding of guilt but was necessary to ensure that the defendants exercised their constitutional right to fair hearing under Section 36 of the 1999 Constitution (as amended). Justice Omotosho emphasised that the presumption of innocence remains intact, and the burden of proof continues to rest on the prosecution to establish guilt beyond reasonable doubt in line with Section 135(1) of the Evidence Act, 2011.
Kyari had argued that under Section 128 of the Evidence Act, transactions involving state land could only be proved by certified true copies of title documents, and that the NDLEA had failed to meet this evidentiary threshold. The court, however, held that at the stage of a no‑case submission, it was not required to evaluate the weight of evidence but only to determine whether the prosecution had disclosed a case requiring explanation.
Justice Omotosho concluded: “The evidence presented points to the establishment of a prima facie case against the defendants, requiring them to proffer explanations or a defence, especially considering the gravity of the allegations.”
Accordingly, the court dismissed the no‑case submissions, ordered the defendants to open their defence within three days, and adjourned the matter to 4th, 5th, and 6th November 2025 for continuation of trial.
