N10BN FRAUD: COURT REGISTRAR FACES PROBE OVER ALLEGED EXHIBIT TAMPERING

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By: Sefiu Ajape

Justice James Omotosho of the Federal High Court, Maitama, Abuja, has ordered the Nigeria Police Force and the Department of State Services to investigate alleged tampering with exhibits in the ongoing N10bn fraud trial.

The judge gave the directive on Thursday following revelations that the court’s registrar, Nasiru Zubairu, allegedly colluded with the second defendant, Daudu Sulaiman, to delete WhatsApp messages from a mobile phone admitted as exhibits in the case.

According to a statement by the Economic and Financial Crimes Commission (EFCC) spokesman, Dele Oyewale, Justice Omotosho informed parties in open court that the registrar had privately confessed to him that the defendant approached him with an inducement to interfere with the exhibits.

Justice Omotosho emphasized the disclosure aligned with the Federal High Court’s policy of discovery and disclosure, noting that the judiciary maintains “zero tolerance for any conduct capable of undermining the integrity of judicial proceedings.”

“I have to disclose it because that is what the Chief Judge directed—that such matters must be disclosed early. We have a policy of discovery and disclosure at the Federal High Court, and we have zero tolerance for this kind of conduct. The person involved is here; I will call him so that you will hear from the horse’s mouth,” the judge was quoted as saying.

In open court, Justice Omotosho played an audio recording of Zubairu’s confession and directed the registrar to explain the circumstances surrounding the alleged tampering.

Addressing the court, Zubairu admitted that Sulaiman offered to assist him with accommodation in exchange for deleting certain WhatsApp messages contained on the mobile phone tendered as exhibits N and O.

“I was asked to delete some WhatsApp messages in the exhibits, with the promise that I would be given a house,” the registrar told the court.

Following the disclosure, the judge granted the Director of Public Prosecutions, Mr Rotimi Oyedepo (SAN), permission to lead the investigating officer, Muhammed Abubakar, an EFCC operative, to determine whether the alleged deletion had occurred.

While testifying, Abubakar confirmed that several WhatsApp conversations contained in exhibits N and O—covering the period between 2020 and 2022—had been deleted.

He identified multiple gaps in the chat records, including missing conversations dated December 23, 2020; January 22, 26, and 30, 2021; August 30, 2021; and February 28, 2022.

According to the witness, chats such as “Hudu will bring it now” dated January 22, 2021, and “Hudu is bringing N100m” dated January 26, 2021, which he had encountered during the investigation, were no longer available on the device admitted as evidence.

“I came across these chats during the investigation, but they are no longer on the phone tendered before the court,” Abubakar said.

Reacting to the testimony, Oyedepo urged the court to order a comprehensive investigation, citing what he described as “an urgent and irresistible suspicion” that crucial evidence in the trial had been tampered with.

He also applied for the revocation of the second defendant’s bail and requested a forensic examination of exhibit N to determine the extent and timing of the deletions.

Counsel for the defence expressed surprise at the development but urged the court to await the outcome of the forensic investigation before taking further steps.

In his ruling, Justice Omotosho ordered the Nigeria Police Force and the DSS to investigate the alleged tampering and submit their findings to the court.

He adjourned the matter to February 9, 2026, for continuation of the trial.

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