The Federal High Court in Abuja has discharged and acquitted suspended Deputy Commissioner of Police, Abba Kyari, ruling that the money laundering charges filed against him by the National Drug Law Enforcement Agency (NDLEA) were weak and unsupported by credible evidence.
Delivering judgment on Thursday, Justice James Omotosho held that the prosecution failed to prove the allegations beyond reasonable doubt in the case marked FHC/ABJ/CR/408/2022, filed by the Federal Republic of Nigeria against Kyari and two other defendants, Mohammed Baba Kyari and Ali Baba Kyari.
In the certified court documents, the judge described the prosecution’s case as lacking substance, adding that it appeared more like persecution rather than a genuine attempt to establish facts.
“The case of the prosecution in this matter is watery and has no factual foundation,” Justice Omotosho ruled, stressing that the defendants remain presumed innocent until proven guilty under the law.
The court examined allegations that Kyari diverted operational funds and engaged in money laundering but found no concrete evidence linking him to the claims. According to the judge, investigators failed to present any petition from the Nigeria Police Force or the Central Bank of Nigeria accusing Kyari of misappropriating operational funds.
Justice Omotosho also faulted the financial analysis presented by the prosecution, noting that it examined transactions dating back to 2006 even though the charges covered only the period between January and March 2022.
He said the prosecution attempted to combine Kyari’s operational funds with personal transactions in order to arrive at a figure of about ₦200 million, describing the approach as misleading.
During the trial, a prosecution witness identified as PW9 admitted under cross-examination that Kyari’s bank accounts were legitimately registered and linked to his Bank Verification Number (BVN), with no evidence that he operated any account under a false identity.
The court also accepted Kyari’s explanation that some of the funds moving through his accounts were operational resources meant for the activities of the Inspector-General of Police Intelligence Response Team (IRT), which he commanded for several years.
According to the judge, Kyari provided detailed and credible testimony explaining how the unit received and used operational funds, noting that such funds were often paid directly into the account of the team commander.
Justice Omotosho further pointed out that Kyari was in detention for a significant portion of the period during which he was accused of committing the offences, raising questions about how he could have accessed accounts that were already frozen.
The court also dismissed charges relating to foreign currency in Kyari’s domiciliary account, noting that he had declared about £7,000 in his account and that the prosecution failed to prove the funds were proceeds of crime.
In addition, the judge criticised the prosecution for relying on a legal provision that does not exist under the Money Laundering (Prohibition) Act, describing it as evidence of a poorly prepared case.
Justice Omotosho expressed concern that Kyari, whom the court described as a dedicated officer who had handled several high-risk security operations, was brought before the court on what he termed baseless allegations.
After reviewing the evidence, the court concluded that the prosecution failed to establish the defendants’ guilt beyond reasonable doubt and therefore discharged and acquitted them on all counts.