Justice James Omotosho of the Federal High Court, Maitama, Abuja, has directed the Nigeria Police Force and the Department of State Services (DSS) to investigate allegations of interference with exhibits in an ongoing ₦10 billion fraud prosecution.
The order followed the judge’s disclosure that the court’s Registrar, Mr. Nasiru Zubairu, admitted to him that the second defendant, Mr. Daudu Sulaiman, approached him with a request to delete certain WhatsApp messages from a mobile phone already admitted in evidence as Exhibits N and O.
According to a statement issued by the EFCC’s spokesman, Mr. Dele Oyewale, Justice Omotosho explained that the disclosure was consistent with the Federal High Court’s policy of “discovery and disclosure,” stressing that the court maintains zero tolerance for any conduct that undermines the integrity of judicial proceedings.
In open court, the judge played an audio recording of the Registrar’s confession and directed him to explain the circumstances. Zubairu admitted that the defendant offered him accommodation in exchange for deleting specific WhatsApp messages contained in the exhibits.
Following this revelation, Justice Omotosho permitted the Director of Public Prosecution, Mr. Rotimi Oyedepo, SAN, to lead EFCC operative Muhammed Audu Abubakar in verifying whether the messages had indeed been deleted.
Testifying, Abubakar confirmed that several WhatsApp chats spanning 2020 to 2022 had been erased from the exhibits. He identified missing conversations on dates including December 23, 2020; January 22, 26, and 30, 2021; August 30, 2021; and February 28, 2022. He further noted that chats referencing financial transactions, including one involving ₦100 million, had been deleted.
In response, Mr. Oyedepo urged the court to order a comprehensive investigation, citing “an urgent irresistible suspicion” of deliberate tampering with crucial evidence. He also applied for the revocation of the defendant’s bail and requested a forensic examination of Exhibit N.
Defence counsel expressed surprise at the development but urged the court to await the forensic findings before taking further steps.
Ruling on the matter, Justice Omotosho directed the Police and DSS to conduct a full investigation and submit their reports to the court. The case was adjourned to 9 February 2026 for continuation of trial.
