Justice James Kolawole Omotosho of the Federal High Court, Abuja, on Thursday ordered the Nigeria Police and the Department of State Services (DSS) to investigate his court registrar, Nasiru Onimisi Zubairu, as well as the 2nd defendant in an alleged N10 billion fraud trial, Daudu Sulaiman, for allegedly tampering with exhibits tendered before the court.
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The exhibits were tendered by the Economic and Financial Crimes Commission (EFCC) to establish the N10 billion fraud charges against Mr. Ali Bello, the Chief of Staff to the Governor of Kogi State.
The order followed the disclosure by the judge that Zubairu confessed to him that Sulaiman, one of the accused persons in the trial, approached him to use a code to wipe off some significant messages contained in WhatsApp chats on a telephone set deposited with the court.
Justice Omotosho played Zubairu’s confession in open court and further directed him to tell the court what transpired between him and the second defendant.
Addressing the court, the judge said: “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 person involved is here; I will call him so that you will hear from the horse’s mouth.”
Zubairu went ahead to tell the court how he was approached by Sulaiman.
According to him, the second defendant asked him what he wanted, and he told him that he had accommodation challenges.
“I was asked to delete certain information, some WhatsApp messages in the exhibits, on the promise that I would be given a house,” he said.
Justice Omotosho also allowed the prosecution counsel, Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, SAN, to direct the investigation officer, Muhammed Audu Abubakar, an operative of the EFCC, to disclose before the court whether indeed the chats were deleted from the phone.
Abubakar told the court that information contained in Exhibits N and O, including chats on several dates from 2020 to 2022, had been deleted.
Earlier, Justice Omotosho asked the registrar the specific chats he deleted, but he told the court that he could not remember, adding that he knew he opened only two chats. “I can’t remember, but I opened only two chats,” he said.
To confirm that many of the chats had been deleted, Oyedepo told the witness to go through Exhibit N, particularly the conversation involving the Director-General, Government House.
The witness informed the court that chats between December 3, 2020, and December 28, 2020, had been deleted.
“There was no chat on December 23; it stopped on December 22 and continued on December 29, 2020,” he stated.
He was also asked to check page 196 of the exhibit, dated January 13, 2021. He informed the court that the chat there read, “Abdurasheed will bring it to Abuja now.”
“On January 22, 2021, the chat ‘Hudu will bring it now’ was deleted. There is nothing here on the phone. It has been deleted. What we had on January 27, ‘Hudu is bringing it,’ has been deleted,” the witness added.
The witness further informed the court that he came across the chat in the course of investigation. “I came across this chat at the time of investigation. On January 26, 2021, ‘Hudu is bringing N100 million’ has also been deleted.”
The witness informed the court that there was no chat on January 26, 2021.
He added: “On January 30, 2021, ‘N60m is on transit from Friday… they are on their way coming’ has been deleted.
‘Hudu is on his way to Abuja… he is also coming with N30m’ has been deleted.
‘August 30, 2021, Mr. Ododo has collected N50m and will be coming tomorrow to Abuja’ has been deleted.
“On page 296, the chat ‘Hudu is on his way, coming with N93m, N7m for TJ and for January 2, 2022’ has been deleted,” the witness further explained.
Oyedepo noted that on page 297 there was a reference to Rabiu, dated February 28, 2022. Responding, the witness said, “It is not here, my Lord. It has also been deleted.”
Abubakar went through other chat records and confirmed that vital information contained in the exhibit (the phone) had indeed been deleted.
Reacting to the deleted chats, Oyedepo demanded that “this issue be investigated and the report brought to your Lordship.”
He added: “There is a very urgent, irresistible suspicion that Exhibit N, which contains crucial evidence, has been tampered with.
“We apply that Your Lordship grant an order revoking the bail of the defendant and order a forensic investigation of Exhibit N.”
The defence counsel expressed shock at the development but urged the court to await the outcome of the forensic investigation. “I will urge my Lord to await the outcome of the investigation.”
In response, Justice Omotosho directed that the matter be investigated by the police and DSS and adjourned the case to February 9, 2026, for continuation of trial.
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