Suspended Deputy Commissioner of Police, Abba Kyari, told the Federal High Court in Abuja on Wednesday that several properties linked to him by the National Drug Law Enforcement Agency (NDLEA) belonged to his late father and were jointly owned by his 30 siblings.
Kyari, who began his defence before Justice James Omotosho, explained that his late father left behind more than 20 houses in Maiduguri, Borno State, and that some had been sold to cover medical expenses before his father’s death. He maintained that he could not declare the properties in his asset forms because he had not yet received his share.
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 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 faces 23 counts brought by the NDLEA, alleging that he and co-defendants Mohammed Kyari and Ali Kyari failed to fully declare assets, disguised ownership of properties, and converted funds contrary to the law. The charges, filed under FHC/ABJ/CR/408/2022, are said to contravene Section 35(3)(a) of the NDLEA Act and Section 15(3)(a) of the Money Laundering (Prohibition) Act, 2011. The prosecution has called 10 witnesses and tendered 20 exhibits before closing its case.
The defendants’ no-case submission was dismissed on October 28, with Justice Omotosho noting that the ruling allowed the defence to begin but did not imply guilt, stressing the presumption of innocence until proven otherwise.
Kyari argued that the NDLEA failed to prove ownership of the properties, citing Section 128 of the Evidence Act, which requires certified true copies of title documents for state land transactions. He confirmed that some properties had been sold and proceeds shared among family members in need.
Kyari, who holds a BSc in Geography and joined the Nigeria Police Force on May 1, 2000, said he was familiar with asset-declaration procedures but could not include his father’s jointly owned properties. He also admitted initially refusing to complete the asset-declaration form without his lawyers present, noting that an officer warned him that refusal could be a criminal offence.
On funds traced to his accounts, Kyari explained that millions of naira came from operational funds released by the police and some governors for security operations. As former Commander of the Anti-Robbery Squad and later head of the Intelligence Response Team, he said he oversaw over 1,000 operations, often channeling funds through his account for disbursement. He added that money sent to relatives was used to repay loans he had obtained from them to fund urgent operations amid bureaucratic delays.
Justice Omotosho stated that the issue of whether family properties should be declared would be addressed in the parties’ final written submissions. The NDLEA has tendered several bank documents, which Kyari confirmed bore his name. The prosecution requested an adjournment to obtain additional documents for further cross-examination.
The court adjourned the hearing until November 12 for continuation.