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| Bello & DSS. |
Justice J. K. Omotosho of the Federal High Court, Maitama, Abuja, On Thursday, February 5, 2026, ordered the Nigeria Police Force, NPF, and the Department of State Services, DSS to investigate his court Registrar, Nasiru Onimisi Zubairu as well as the 2nd defendant in an alleged N10billion fraud, Daudu Sulaiman for alleged tampering with Exhibits N and O.
The
directive followed a discovery and disclosure by the judge that Zubairu
confessed to him that Sulaiman approached him to use a code to wipe off
some significant messages contained in Whaptsapp 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.
Justice
Omotosho also allowed the prosecution counsel, Director of Public
Prosecution, Mr, Rotimi Oyedepo, SAN, to direct the Investigation
Officer, Muhammed Audu Abubakar, an operative of the Economic and
Financial Crimes Commission, EFCC, to present 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 told the court that he could
not remember but he knew he opened only two chats. “I can't remember but
I opened only two chat”, 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 23 December, it
stopped on December 22 and continued on 29 December, 2020.
He was
also asked to check page 196 of the exhibit, that is on 13 January, 2021, he
informed that court that the chat there is “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
have on 27th January is “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 Jan, 2021, Hudu is bringing N100m, has also been deleted,”
The
witness informed the court that there is no chat on 26 January, 2021.
On
30 Jan 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.
While on
page 296, the chat “Hudu is on his way, coming with N93m, N7m for TJ and for 2
Jan 2022", has been deleted.
Oyedepo
said that, "on page 297, there was a reference to Rabiu, that
is on 28 February 2022” 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, 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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