Justice James Omotosho of the Federal High Court, Maitama, Abuja, has ordered the Nigeria Police Force and the Department of State Services (DSS) to investigate alleged tampering with exhibits in an ongoing N10 billion fraud trial.

The order followed a disclosure by the judge on Thursday that the court’s Registrar, Nasiru Zubairu, confessed to him that the second defendant, Daudu Sulaiman, approached him to delete certain WhatsApp messages from a mobile phone admitted as exhibits N and O.

A statement by the EFCC’s spokesman, Mr. Dele Oyewale, said Justice Omotosho stated that the disclosure was in line with the Federal High Court’s policy of discovery and disclosure, stressing that the court has 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 told us, to ensure 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,” the judge was quoted as saying.

In open court, Oyewale said Justice Omotosho played an audio recording of Zubairu’s confession and directed him to explain what transpired between him and the second defendant.

Addressing the court, the Registrar admitted that Sulaiman offered to assist him with accommodation in exchange for deleting certain WhatsApp messages contained in the exhibits.

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

Following the revelation, the judge permitted the Director of Public Prosecution, Mr Rotimi Oyedepo, SAN, to lead the investigating officer, Muhammed Audu Abubakar, an operative of the Economic and Financial Crimes Commission (EFCC), to determine whether the chats had indeed been deleted from the device tendered in evidence.

Testifying before the court, Abubakar confirmed that several WhatsApp chats contained in exhibits N and O, spanning from 2020 to 2022, had been deleted.

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

“On 22 January, 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 27th January is “Hudu is bringing it” has been deleted.” The witness added.

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

He stated, “I came across this chat at the time of investigation. On 26 Jan, 2021, Hudu is bringing N100m, which has also been deleted.”

Abubakar said he had come across the chats during the course of the investigation but found that they were no longer available on the phone admitted as an exhibit.

Reacting to the testimony, Oyedepo urged the court to order a full investigation, citing “an urgent irresistible suspicion” that crucial evidence had been tampered with.

He also applied for the revocation of the defendant’s bail and requested a forensic examination of exhibit N.

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

In his ruling, THE PUNCH reports that Justice Omotosho directed the Police and the DSS to investigate the alleged tampering and submit their findings to the court.

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

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