By Taiye Agbaje
Suspended DCP Abba Kyari, on Wednesday, told the Federal High Court in Abuja that his late father left over 20 houses for his children in Maiduguri, Borno.
Kyari, who is facing a charge bordering on allegations that he failed to disclose some of his multi-million assets in line with the law, told Justice James Omotosho.
The former head of Police Intelligence Response Team (IRT) stated this while being cross-examined by counsel to the National Drug Law Enforcement Agency (NDLEA), Sunday Joseph, in the ongoing trial.
He, however, said that some of the properties were sold in order to treat his father during his illness.
“About four of the properties were sole then,” he said.
Kyari, who said he had BSc in Geography and joined the Nigerian Police Force on May 1st, 2000, admitted that he knew more about asset declaration form.
When the NDLEA lawyer asked him to take a look at his asset declaration form and tell the court if there was any part in the document where he disclosed his interest in the 20 property left by his father, he said he could not have done that since the property did not belong to him.
“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 when I get my own percentage,” he said.
He said he could not include his father’s assets, which belong to the entire family, in his asset declaration form.
Justice Omotosho then said such issue on whether one can declare one’s family property in one’s asset declaration form, would be addressed in the final written address.
He said all the property left behind by his father belonged to all the children, who were about 30 in number.
He said some of the assets were sold and the money realised from the sale was given to some of the children who were in need.
Kyari said he initially declined to fill the asset declaration form when the NDLEA officers invited him because he demanded that his lawyers must be there with him.
“Yes, I said I will not make statement until my lawyers are around,” he added.
He admitted that one of the officers told him that it was a criminal offence to refuse to fill the form.
The lawyer also brought some exhibits, including banks’ documents, and Kyari confirmed his name to be on them.
fter Joseph asked some questions, he sought an adjournment to enable him get the requested documents with which he plans to further cross-examine Kyari, who is the 1st defence witness (DW-1).
Justice Omotosho then adjourned the matter until Nov. 12 for continuation of the cross-examination of the DW-1.
Earlier on Wednesday, the ex-head of IRT concluded his testimony while being led in evidence by his lawyer, Onyechi Ikpeazu, SAN.
He maintained that he declared all his assets and that of his wife’s too in accordance with the law.
He insisted that some of the assets listed by the prosecution in the charge belonged to his late father.
He said all the millions of naira found in his accounts were monies paid into his accounts by the police and some state governors where his team carried out operations.
Kyari told the court that within the period he held sway as commander of Anti-Robbery Squad and head of IRT of the police force, over 1000 operations were carried out with monies paid into his account for disbursement.
When he was asked why the money sent to his account by the Central Bank of Nigeria (CBN) was transfered to his relatives, the DW-1 said the monies were used to settle loans he took from them for operations because it takes longer time for the police to release funds due to the bottlenecks in the processes.
He said since operations require urgent funds, he decided to seek the loans.
The News Agency of Nigeria (NAN) reports that Kyari opened his defence on Tuesday after the no-case submissions filed by him and his two brothers were refused.
Justice Omotosho had, on Oct. 28, dismissed a no-case submission application filed by Kyari and his two brothers in a charge filed against them by the NDLEA.
The judge, in a ruling, held that a prima facie case had been made out against the defendants to warrant them to enter their defence.
ccording to the judge, this is not to say that the defendants are guilty as charged but simply that they be afforded their right to fair hearing and put in their defence before this court.
“The defendants are still presumed innocent until proven guilty, and the prosecution still has the duty to prove the charge beyond reasonable doubt,” the judge said, citing Section 135 (1) of the Evidence Act, 2011.
The NDLEA, in the 23-count charge, alleged that Abba Kyari, Mohammed Kyari and Ali Kyari failed to make full disclosure of their assets.
The anti-narcotics agency, in the charge marked: FHC/ABJ/CR/408/2022, also accused them of “disguising of ownership of properties and conversion of monies.”
The NDLEA said 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.
fter the defendants were arraigned, the NDLEA called 10 witnesses to prove their case and tendered at least 20 exhibits.
The defendants then elected to make a no-case submission after the prosecution closed its case.
Kyari, in his written address by his lawyer, Dr Obinna Onyia, argued that the NDLEA had failed to provide evidence showing indeed that he was the owner of the said property.
Citing Section 128 of the Evidence Act, Kyari submitted that “transactions over state lands can only be proven by production of certified true copies of the title documents and no other form of evidence in admissible,” among other arguments.