Justice James Kolawole Omotosho of the Federal High Court, Abuja, has ordered the Nigeria Police and the Department of State Services (DSS) to investigate his court registrar, Nasiru Onimisi Zubairu, and the second defendant in an ongoing N10 billion fraud case, Daudu Sulaiman, over alleged tampering with court exhibits.
Gatekeepers News reports that the order was made on Thursday after the judge disclosed that Zubairu confessed to him that Sulaiman had approached him to delete key WhatsApp messages contained in a mobile phone admitted as evidence by the Economic and Financial Crimes Commission (EFCC).
The exhibits were tendered to support the EFCC’s case against Ali Bello, Chief of Staff to the Kogi State Governor, who is standing trial over the alleged N10 billion fraud.
‘Zero tolerance’
Justice Omotosho said he was compelled to disclose the matter in line with the Federal High Court’s policy on transparency and early disclosure.
“I have to disclose it because that is what the Chief Judge told us, to ensure we disclose such a thing as early as possible. We have a policy of discovery and disclosure at the Federal High Court. We have zero tolerance for this kind of attitude,” the judge said.
“The person involved is here. I will call him so that you will hear from the horse’s mouth.”
The judge then played Zubairu’s recorded confession in open court and directed him to narrate how he was approached by the second defendant.
According to the registrar, Sulaiman offered him a house in exchange for deleting certain WhatsApp messages from the phone deposited with the court.
“I was asked to delete some certain information, some WhatsApp messages in the exhibits on the promise that I will be given a house,” Zubairu said.
Evidence allegedly wiped
Justice Omotosho allowed the prosecution counsel, Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, SAN, to question the EFCC’s investigating officer, Muhammed Audu Abubakar, on whether the messages were indeed deleted.
Abubakar told the court that several chats contained in Exhibits N and O, spanning 2020 to 2022, were no longer on the phone.
Confirming the deletions, Abubakar pointed to multiple gaps in the chat records, including:
- Missing messages between December 3 and December 28, 2020.
“There was no chat on 23 December, it stopped on December 22 and continued on 29 December, 2020,” he said. - Deleted entries from January 2021, including messages such as:
“Abdurasheed will bring it to Abuja now,”
“Hudu will bring it now,” and
“Hudu is bringing N100 million.” - Deleted records from later dates, including:
“N60m is on transit from Friday,”
“Hudu is on his way to Abuja… coming with N30m,” and
“Mr Ododo has collected N50m and will be coming tomorrow to Abuja.”
He further told the court that a February 28, 2022 chat referencing “Rabiu” had also been deleted.
“It is not here my Lord. It has also been deleted,” the witness said.
Calls for forensic investigation
Reacting to the disclosures, Oyedepo urged the court to order an immediate investigation and forensic examination of the phone.
“There is a very urgent irresistible suspicion that Exhibit N, which contains crucial evidence, has been tampered with,” he said.
He also applied for the revocation of the defendants’ bail.
The defence counsel expressed shock but urged the court to await the outcome of the forensic probe.
“I will urge my lord to await the outcome of the investigation,” he said.
Court orders probe, adjourns case
In response, Justice Omotosho ordered the police and the DSS to investigate the matter and adjourned the case to February 9, 2026, for continuation of trial.
