By Steven Atokolo
The National Drug Law Enforcement Agency (NDLEA) on Wednesday suffered a significant setback in its asset-declaration case against suspended Deputy Commissioner of Police (DCP) Abba Kyari at the Federal High Court in Abuja, after the cross-examination of the first respondent ended amid confusion and repeated courtroom cautions.
The agency is accusing Kyari of failing to declare his assets. However, during cross-examination, the prosecution, led by counsel Sunday Joseph, struggled unsuccessfully to prove alleged inconsistencies in Kyari’s statements, particularly concerning inheritance and property ownership.
At the last sitting, Joseph attempted to make Kyari admit that all properties left by his late father were his personal assets. Kyari strongly rebutted the claim, stating that the properties belong to the entire family and will be shared among his 29 siblings when the family decides.
Kyari maintained that he declared all his assets and bank accounts and insisted that more than 90 percent of the properties listed by the NDLEA as belonging to him are incorrect. According to him, the real owners have already appeared before the court, tendered their documents, and discredited what he called NDLEA’s “media-trial narratives.”
He further told the court that statements of all his bank accounts are before the court, adding that he has less than ₦4 million combined across all accounts — accounts which he said have been blocked for over three years. He stressed that no funds in any of the accounts have ever been traced to criminal activity in spite of NDLEA’s public allegations.
“My late father left over 20 houses for his children in Maiduguri. About four were sold to cater for his medical treatment,” Kyari testified.
Tension heightened when the prosecution attempted to veer into unrelated issues. Justice Omotosho immediately cautioned Joseph, warning that the court would not permit diversionary questioning.
“I won’t allow that. This case has nothing to do with cocaine. It is strictly about alleged non-declaration of assets. You cannot ask irrelevant questions. If you waste your allotted time, I will end your case,” the judge warned.
Moments later, Joseph made a remark described by the court as a “parable,” drawing a stern reprimand from the visibly displeased judge.
“Be careful. Do not come here and impugn this holy temple. What do you mean by that? Are you trying to teach the court its job? It appears you are not ready,” Justice Omotosho said.
During Wednesday’s proceedings, the prosecution tendered a police document and repeatedly directed Kyari to refer to various pages, leading to confusion in the courtroom.
“Page 20?” Joseph asked.
Kyari replied that page 20 contained details of drug suspects arrested by the Police and their handover to the NDLEA, matters unrelated to the asset-declaration charge. He gave similar clarification regarding page 19.
Following the confusion, Justice Omotosho granted the prosecution time to re-verify the document.
Kyari later pointed out that the document being relied upon was merely an interim police report, insisting that a final and superior police report exists which contradicts the three-year-old interim document.
He also referenced several false claims allegedly made by the NDLEA, including reports that he owned the Borno State Government polo ground — a property belonging to the government long before he was born. He reminded the court that NDLEA had made similar false claims in cases before the Federal High Court in Maiduguri, prompting the legitimate property owners to sue the agency.
After the heated exchanges, Joseph unexpectedly announced that he had no further questions. The decision surprised the court and observers. Counsel for the defence, Chief Onyechi Ikpeazu (SAN), also confirmed he had no additional questions.
Justice Omotosho thereafter adjourned the suit for the filing and adoption of final written addresses, after which a judgment date will be fixed.
