The Federal High Court in Abuja, on Tuesday, dismissed a no-case submission application filed by suspended DCP Abba Kyari and his two brothers in a charge filed against them by the National Drug Law Enforcement Agency, NDLEA.
Justice James Omotosho, in a ruling, held that a prima facie case had been made out against the defendants by the NDLEA to warrant them to enter their defence.
Justice Omotosho held that the evidence of the prosecution had founded sufficient ground for proceeding with the trial.
The judge said that “in view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in these regards”
According 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 evidence of the prosecution has founded sufficient ground for proceeding with this trial.
“A connection of the defendants with the offences, no matter how slight, constitutes prima facie evidence and as such, the defendants would be required to enter their defence to the charge or offer a rebuttal of some sort.
“I must say here that holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge.
“It is simply to allow the defendants exhaust their options for their defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision.
“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.
After 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.
Mr 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.
Delivering the ruling, Justice Omotosho said that the court would refrain from evaluating the evidence but would limit itself to stating that on the whole, a prima facie case had been made out against the defendants.
“I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge.
“The evidence all point to the establishment of a prima facie case against the defendants.
“The evidence is such that the defendants must proffer some explanation or defence to the allegation made against them, especially considering the seriousness of the offences as their liberty is at stake.
“The right of a defendant to defend himself/herself is a fundamental right provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives same.
“These defendants, having not waived their right to defend themselves either expressly or by conduct they are hereby called upon to put in their defence to the charge against them.
“In final analysis, the no-case submissions filed by the defendants cannot be upheld in the face of the evidence led by the prosecution.
“Consequently, the no-case submissions are hereby overruled.
“Accordingly, the defendants are hereby ordered to put in their defence,” the judge ruled.
Justice Omotosho, who gave Mr Kyari and his brothers three days to put in their defence, adjourned the matter until Nov. 4, Nov. 5 and Nov. 6 for defence.
NAN
