THE Federal High Court in Abuja has dismissed the no-case submission filed by suspended Deputy Commissioner of Police, Abba Kyari, and his two brothers, Mohammed and Ali, in a criminal case brought against them by the National Drug Law Enforcement Agency (NDLEA).
The trio is facing a 23-count charge bordering on failure to declare assets, concealment of property ownership, and conversion of proceeds of crime — offences contrary to the NDLEA Act and the Money Laundering (Prohibition) Act, 2011.
To establish its case, the NDLEA presented 10 witnesses and tendered 20 exhibits before the court.
However, the defendants argued that the agency failed to provide sufficient evidence to justify continuing the trial and filed a motion to be discharged.
In a ruling yesterday, Justice James Omotosho rejected their request, holding that the prosecution had established a prima facie case that warranted a defence.
“Considering the evidence and exhibits presented, the defendants are required to offer explanations,” the judge said.
He clarified that the ruling did not imply guilt but simply ensured that the defendants were given an opportunity to defend themselves, in line with their constitutional right to a fair hearing.
Justice Omotosho emphasised that the court was not to evaluate the weight of the evidence at this stage, but rather to determine whether there was a sufficient link between the defendants and the alleged offences.
“A connection between the defendants and the alleged crimes, no matter how slight, constitutes a prima facie case,” he stated, reaffirming that they remain presumed innocent until proven guilty beyond a reasonable doubt.
The defence had also argued that the prosecution failed to prove ownership of the alleged properties, insisting that only certified true copies of title documents were admissible as evidence under Section 128 of the Evidence Act.
Justice Omotosho disagreed, ruling that such issues would be determined at the end of the trial, after the defence presents its case.
Consequently, the court overruled the defendants’ applications and ordered them to open their defence within three days.
The trial was adjourned to November 4, 5, and 6, 2025, for continuation.