Suspended Deputy Commissioner of Police (DCP) Abba Kyari and his two brothers yesterday failed in their bid to terminate their ongoing trial for alleged failure to fully disclose their assets.
In its 23-count charge, the National Drug Law Enforcement Agency (NDLEA) alleged that Abba Kyari, Mohammed Kyari, and Ali Kyari failed to make full disclosure of their assets.
In a ruling yesterday, Justice James Omotosho rejected the no-case submissions the defendants made after the prosecution closed its case
Justice Omotosho held, among others, that the prosecution has established a prima facie case against the defendants to warrant their being called upon to enter a defence.
The judge said: “In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in this regard.
“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.
“I must say here 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 to 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.
“The defendants are still presumed innocent until proven guilty, and the prosecution still has the duty to prove the charge beyond a reasonable doubt,” Justice Omotosho said.
The judge held that at this stage of the case, the court would refrain from evaluating the evidence but, limit itself to stating that on the whole, a prima facie case had been made out against the defendants.
He added: “I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge.
“The evidence all points to the establishment of a prima facie case against the defendants.
“The evidence is such that the defendants must proffer some explanation or defence to the allegation made against them, especially considering the seriousness of the offences, as their liberty is at stake.
“The right of a defendant to defend himself/herself is a fundamental right provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives the same.
“These defendants, having not waived their right to defend themselves either expressly or by conduct they are hereby called upon to put in their defence to the charge against them.
“In the 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,” he said and ordered them to do so within three days.
He adjourned till November 4 for the defendants to open their defence.
Besides accusing the defendants of failing to fully disclose their assets, the NDLEA, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”
According to the NDLEA, the offences are punishable under Section 35 (3) (a) of the National Drug Law Enforcement Agency Act, and Section 15 (3) (a) of the Money Laundering (Prohibition) Act, 2011.
In conducting its case, the prosecution called 10 witnesses to prove its case and tendered about 20 exhibits.
Rather than open their defence immediately, the defendants chose to make no-case submissions after the prosecution closed its case.
