Ali Bello alleged ₦10bn Fraud: Court orders Police, DSS to probe registrar, defendant over evidence tampering

Justice J. K. Omotosho of the Federal High Court, Maitama, Abuja, has 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 second defendant in an alleged ₦10 billion fraud case, Daudu Sulaiman, for alleged tampering with Exhibits N and O.

According to the Head, Media & Publicity,Economic and Financial Crimes Commission (EFCC), Dele Oyewale, 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 WhatsApp chats of the second defendant 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 things 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 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 Prosecutions, Mr. Rotimi Oyedepo, SAN, to direct the Investigating Officer, Muhammed Audu Abubakar, Commission, to present before the court whether the chats were indeed 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 about the specific chats he deleted, but he told the court that he could not remember, although he knew he had 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 said.

He was also asked to check page 196 of the exhibit, relating to 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 have on January 27 is ‘Hudu is bringing it,’ which has also been deleted,” the witness added.

The witness further informed the court that he came across the chats in the course of the investigation.

“I came across these chats during the investigation,” he said.

“On January 26, 2021, ‘Hudu is bringing ₦100m’ has also been deleted.”

The witness informed the court that there was no chat on January 26, 2021.

“On January 30, 2021 — ‘₦60m is in transit from Friday… they are on their way’ — has been deleted.”

“‘Hudu is on his way to Abuja… he is also coming with ₦30m’ has been deleted.”

On August 30, 2021, “Mr. Ododo has collected ₦50m and will be coming to Abuja tomorrow’ has been deleted.”

While on page 296, the chat “‘Hudu is on his way, coming with ₦93m, ₦7m for TJ and for January 2, 2022’ has been deleted.”

Oyedepo said that on page 297, there was a reference to Rabiu on February 28, 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 before your lordship. There is a very urgent and 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,” he said.

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 the trial.