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.
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 of the second
defendant in a telephone set deposited with the court.
Justice Omotosho played Zubairu’s confessions in the 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 some certain information, some
WhatsApp messages in the exhibits on the promise that I will 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 Economic and Financial
Crimes Commission, EFCC, to disclose
before the court if 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 chat 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, 202,0 had been deleted.
“There was no chat on 23 December, it stopped on December 22
and continued on 29 December, 2020,” he stated.
He was also asked to check page 196 of the exhibit, which is
on 13 January, 2021. He informed the court that the chat there read,
“Abdurasheed will bring it to Abuja now”.
“On 22 January, 2021, the chats Hudu will bring it now was deleted. There is nothing here on
the phone. It has been deleted. What we had on 27 January, “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 26 January, 2021, Hudu is bringing N100 million”, has also
been deleted.”
The witness informed the court that there is no chat on 26
January, 2021.
He added, “On 30 January 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.
“30 August 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 2 January 2022,”
has been deleted,” the witness further explained.
Oyedepo noted that “on page 297, there was a reference to
Rabiu, that is on 28 February 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 have been tempered with.
“We apply that the Lordship grant an order revoking the bail
of the defendant and order 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 of the
matter. “I will urge my lord to await
the outcome of the investigation. “
In response, Justice Omotosho directed that the matter
should be investigated by the police and DSS and adjourned the matter to
February 9, 2026, for continuation of the trial.
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