Justice James 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 the court’s registrar, Nasiru Onimisi Zubairu, and the second defendant in the alleged ₦10 billion fraud case, Daudu Sulaiman, over alleged tampering with Exhibits N and O.
The order followed a disclosure by the judge that Zubairu had confessed to him that Sulaiman approached him and asked him to use a code to wipe out certain WhatsApp messages from a mobile phone deposited with the court as evidence.
Justice Omotosho played the registrar’s confession in open court and directed Zubairu to narrate what transpired between him and the second defendant.
Addressing the court, the judge said: “I have to disclose this because that is what the Chief Judge instructed us to do—to ensure such matters are disclosed 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 conduct. The person involved is here; I will call him so you can hear from the horse’s mouth.”
Zubairu told the court that Sulaiman approached him and asked what he wanted. He said he mentioned his accommodation challenges.
“I was asked to delete certain information—some WhatsApp messages—from the exhibits, on the promise that I would be given a house,” he said.
Justice Omotosho also granted the request of the prosecution counsel, Director of Public Prosecution, Mr Rotimi Oyedepo, SAN, to direct the investigating officer, Muhammed Audu Abubakar, an operative of the Economic and Financial Crimes Commission (EFCC), to confirm whether the chats had indeed been deleted from the phone.
Abubakar informed the court that information contained in Exhibits N and O, including chats spanning several dates between 2020 and 2022, had been deleted.
Earlier, the judge asked the registrar to specify which chats he deleted. Zubairu told the court that he could not remember the exact chats but admitted that he opened only two conversations.
“I can’t remember, but I opened only two chats,” he said.
To confirm the deletions, Oyedepo directed the witness to examine Exhibit N, particularly conversations involving the Director-General, Government House.
The witness confirmed 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 further confirmed that on page 196 of the exhibit, the January 13, 2021 chat reading “Abdurasheed will bring it to Abuja now” was present, but the January 22, 2021 chat stating “Hudu will bring it now” had been deleted.
According to the witness, the January 27, 2021 message “Hudu is bringing it” had also been deleted.
He added that the January 26, 2021 chat reading “Hudu is bringing ₦100m” was missing, as well as the January 30, 2021 messages stating “₦60m is on transit from Friday” and “Hudu is on his way to Abuja with ₦30m.”
The witness further told the court that the August 30, 2021 message stating “Mr Ododo has collected ₦50m and will be coming tomorrow to Abuja” had been deleted.
On page 296 of the exhibit, the January 2, 2022 chat stating “Hudu is on his way, coming with ₦93m, ₦7m for TJ” was also deleted.
Similarly, on page 297, the February 28, 2022 reference to Rabiu was missing.
“It is not here, my Lord. It has also been deleted,” the witness said.
Abubakar confirmed that he encountered the chats during the course of investigation but that they were no longer present on the device.
Reacting to the revelations, Oyedepo urged the court to order a full investigation.
“There is an urgent and irresistible suspicion that Exhibit N, which contains crucial evidence, has been tampered with. We apply for an order revoking the defendant’s bail and directing a forensic investigation of Exhibit N,” he said.
The defence counsel expressed shock at the development but urged the court to await the outcome of the forensic investigation.
In his ruling, Justice Omotosho ordered the NPF and DSS to investigate the matter and adjourned the case to February 9, 2026, for continuation of trial.
