Justice James Omotosho of the Federal High Court in Abuja yesterday ordered the Nigeria Police Force and the Department of State Services, DSS, to investigate the Court Registrar, Nasiru Zubairu, as well as the second defendant in the trial involving N10 billion fraud, 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 the Chief of Staff to the governor of Kogi State, Mr Ali Bello.
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 that 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 prosecuting counsel and 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 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 cannot 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, that is on January 13, 2021. He informed that court that the chat there read, “Abdurasheed will bring it to Abuja now.
“On January 22, 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 January 27, “Hudu is bringing it,” has been deleted,” the witness added.
The witness 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 is 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.
“30 August 2021, Mr Ododo has collected N50million 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 Your 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 for continuation of trial.
