The order followed a startling disclosure by the trial judge that the registrar had confessed to him that Sulaiman approached him with a request to delete incriminating WhatsApp messages from a mobile phone admitted as evidence and deposited with the court as Exhibits N and O.
Justice James Omotosho of the Federal High Court sitting in Maitama, Abuja, on Thursday, February 5, 2026, ordered the Nigeria Police Force and the Department of State Services (DSS) to investigate alleged tampering with court exhibits by his court registrar, Nasiru Onimisi Zubairu, and Daudu Sulaiman, nephew to the former Governor of Kogi State, in the ongoing N10 billion fraud trial of Sulaiman.
The order followed a startling disclosure by the trial judge that the registrar had confessed to him that Sulaiman approached him with a request to delete incriminating WhatsApp messages from a mobile phone admitted as evidence and deposited with the court as Exhibits N and O.
Justice Omotosho disclosed that the registrar told him Sulaiman provided a code to wipe off certain messages from the phone, which allegedly contained crucial evidence in the case.
The judge subsequently played Zubairu’s confession in open court and directed him to narrate, personally, what transpired between him and the second defendant.
Addressing the court, Justice Omotosho said, “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.”
Taking the witness stand, Zubairu told the court that Sulaiman approached him and asked what he wanted, to which he replied that he had accommodation challenges.
According to the registrar, the second defendant then requested that he delete certain WhatsApp messages from the exhibits, promising to provide him with a house in return.
“I was asked to delete some certain information, some WhatsApp messages in the exhibits on the promise that I will be given a house,” Zubairu said.
Following the revelation, Justice Omotosho granted the prosecution counsel, Director of Public Prosecution, Mr Rotimi Oyedepo (SAN), permission to lead the Investigation Officer, Muhammed Audu Abubakar of the Economic and Financial Crimes Commission (EFCC), to establish whether the chats had indeed been deleted from the phone.
Abubakar told the court that several messages contained in Exhibits N and O, spanning multiple dates between 2020 and 2022, were no longer on the device.
Earlier, when asked by the court to identify the specific chats he deleted, Zubairu said he could not remember the exact messages but admitted that he opened only two chats.
“I can't remember but I opened only two chats," he said.
To demonstrate the alleged deletions, Oyedepo directed the EFCC officer to review Exhibit N, particularly conversations involving the Director General, Government House.
Abubakar informed the court that chats between December 3, 2020, and December 28, 2020, were missing.
“There was no chat on 23 December, it stopped on December 22 and continued on 29 December, 2020,” the witness said.
On page 196 of the exhibit, dated January 13, 2021, Abubakar said the remaining chat read, “Abdurasheed will bring it to Abuja now.”
He further told the court that messages dated January 22, 2021, including “Hudu will bring it now,” had been 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,” he added.
The witness also stated that a chat dated January 26, 2021, which read, “Hudu is bringing N100m,” had been deleted. According to him, there was no chat record for that date on the phone.
Similarly, a January 30, 2021, message stating, “N60m is on transit from Friday... they are on their way coming,” as well as another saying, “Hudu is on his way to Abuja... he is also coming with N30m,” were no longer available on the device.
Abubakar further told the court that a chat dated August 30, 2021, which read, “Mr Ododo has collected N50m and will be coming tomorrow to Abuja,” had also been deleted.
On page 296 of the exhibit, a message stating, “Hudu is on his way, coming with N93m, N7m for TJ and for 2 Jan 2022,” was also missing. He added that on page 297, a reference to Rabiu dated February 28, 2022, was no longer present.
“It is not here, my Lord. It has also been deleted,” Abubakar said, noting that he had encountered the chats during the course of the EFCC’s investigation.
Reacting to the developments, Oyedepo urged the court to order an immediate investigation into the matter.
“There is a very urgent irresistible suspicion that Exhibit N, which contains crucial evidence, has been tampered with,” he said, urging the court to revoke the defendant’s bail and order a forensic investigation of the exhibit.
The defence counsel expressed shock at the allegations but urged the court to await the outcome of a forensic investigation.
“I will urge my lord to await the outcome of the investigation,” he said.
In his ruling, Justice Omotosho directed that the alleged tampering be investigated by the Nigeria Police Force and the Department of State Services and adjourned the case to February 9, 2026, for continuation of the trial.