Alleged ₦10bn fraud: Judge orders probe of court registrar over evidence tampering
Justice James Kolawole Omotosho of the Federal High Court, Abuja, on Thursday ordered the Nigeria Police Force and the Department of State Services (DSS) to investigate the court’s registrar, Nasiru Onimisi Zubairu, and the second defendant in an alleged ₦10 billion fraud trial, Daudu Sulaiman, over the alleged tampering with exhibits tendered before the court.
The exhibits were tendered by the Economic and Financial Crimes Commission (EFCC) to establish fraud charges against Ali Bello, Chief of Staff to the Governor of Kogi State.
The order followed a disclosure by Justice Omotosho that the registrar had confessed to him that Sulaiman approached him to delete certain WhatsApp messages contained in a mobile phone deposited with the court as an exhibit.
According to the judge, Zubairu admitted that a code was used to wipe out key messages from the device. Justice Omotosho subsequently played the registrar’s confession in open court and directed him to narrate the incident personally.
“I have to disclose it because that is what the Chief Judge instructed us to do — to ensure early disclosure of such matters. We have a policy of discovery and disclosure at the Federal High Court. We have zero tolerance for this kind of conduct,” the judge said.
Testifying before the court, Zubairu stated that Sulaiman approached him and asked what he wanted. He said he mentioned his accommodation challenges.
“I was asked to delete certain information, some WhatsApp messages in the exhibit, with a promise that I would be given a house,” he told the court.
Justice Omotosho thereafter allowed the prosecution, led by the Director of Public Prosecution of the Federation (DPPF), Rotimi Oyedepo, SAN, to question the EFCC investigating officer, Mohammed Audu Abubakar, on whether messages had indeed been deleted.
Abubakar confirmed that several chats contained in Exhibits N and O, spanning between 2020 and 2022, had been erased.
Earlier, the registrar admitted that he could not remember the specific chats he deleted but said he opened only two conversations.
To establish the extent of the deletion, Oyedepo directed the witness to review specific portions of Exhibit N, particularly conversations involving officials of the Kogi State Government House.
Abubakar informed the court that chats dated December 3 to December 28, 2020, had been deleted, noting gaps between December 22 and December 29, 2020.
He further identified several deleted messages referencing cash movements, including entries such as “Hudu will bring it now,” “Hudu is bringing ₦100 million,” “₦60m is on transit,” and “Hudu is on his way to Abuja with ₦30m.”
Additional deleted messages allegedly referenced payments involving individuals identified as Mr. Ododo, Rabiu, and others, spanning dates between January 2021 and February 2022.
Abubakar confirmed that the messages were present during the investigation but were no longer available on the device.
Reacting, Oyedepo urged the court to order an immediate investigation, describing the situation as “an urgent and irresistible suspicion” that Exhibit N had been tampered with.
He also applied for the revocation of the defendant’s bail and a forensic examination of the device.
The defence counsel expressed shock at the development but urged the court to await the outcome of the investigation before taking further steps.
In his ruling, Justice Omotosho directed the police and the DSS to investigate the matter and submit their findings to the court. He adjourned the trial to February 9, 2026, for continuation.
