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Justice James Omotosho of the Federal High Court, Abuja, on Tuesday, dismissed a no-case submission application filed by suspended head of the Inspector-General of Police Intelligence Response Team (IRT), Abba Kyari and his two brothers in the criminal trial.
The National Drug Law Enforcement Agency (NDLEA) arraigned the defendants on a 23-count charge of non-asset declaration.
The commission alleged that the police officer, 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 the trio of “disguising of ownership of properties and conversion of monies.”
The NDLEA argued that 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.
The judge, 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.
He further held that the evidence of the prosecution had founded sufficient ground for proceeding with the trial.
Omotosho said: “In view of all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in this regard.
“However, this is not to say that the defendants are guilty as charged, but simply that they be afforded their right to a 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.
READ ALSO: Court orders Abba Kyari, others to enter defence on drug charges
“It is simply to allow the defendants to 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 a reasonable doubt.
“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 the 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, who gave the defendants three days to present their defence, adjourned the matter until November 4, 5, and 6 for further hearing.
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