A Federal High Court in Abuja has ordered the Nigeria Police Force (NPF) and the Department of State Services (DSS) to investigate alleged tampering with evidence in the ongoing ₦10 billion fraud trial involving Ali Bello, Chief of Staff to Kogi State Governor Usman Ododo.
The presiding judge, Justice James Omotosho, gave the order on Thursday after a court registrar admitted to deleting WhatsApp messages from a mobile phone that had already been admitted as evidence in the case.
The registrar, Nasiru Onimisi Zubairu, told the court that the second defendant, Daudu Sulaiman, approached him and requested that certain messages contained in Exhibits N and O be erased using a code. Zubairu said the request was made after he complained about accommodation challenges and was allegedly promised a house in return.
Justice Omotosho disclosed that the registrar’s confession had earlier been reported to the Chief Judge in line with the court’s disclosure policy. The judge played the recorded confession in open court and invited the registrar to explain his actions.
“I have to disclose it because that is the directive of the Chief Judge, to ensure such matters are revealed as early as possible,” Omotosho said, stressing the court’s zero-tolerance stance on evidence tampering.
Following the disclosure, the court allowed the Director of Public Prosecutions, Rotimi Oyedepo, to lead an EFCC operative, Muhammed Audu Abubakar, in examining the phone to determine whether the chats had been deleted.
Abubakar confirmed that several WhatsApp messages dating between 2020 and 2022 were missing from the device. He identified gaps in chat histories involving large sums of money, including references to cash movements of ₦100 million, ₦60 million, ₦50 million, ₦93 million and other amounts.
According to the EFCC operative, messages on specific dates — including December 2020, January 2021, August 2021 and February 2022 — were no longer available, despite being listed in the printed exhibits tendered before the court.
When asked to specify which chats he deleted, the registrar said he could not remember the exact messages, adding that he opened only two conversations.
Reacting to the development, Oyedepo urged the court to order a full investigation and a forensic examination of the phone, arguing that there was a strong suspicion that crucial evidence had been tampered with. He also applied for the revocation of the defendant’s bail.
Defence counsel expressed surprise at the revelation but asked the court to await the outcome of the investigation before taking further steps.
In his ruling, Justice Omotosho ordered the NPF and DSS to conduct an investigation into the alleged tampering and adjourned the case until February 9 for continuation of trial.
Ali Bello, a nephew of former Kogi State governor Yahaya Bello, was arraigned alongside Sulaiman in 2022 on a 10-count charge bordering on money laundering and misappropriation of public funds. The Economic and Financial Crimes Commission (EFCC) alleged that the defendants, along with a cashier at the Kogi Government House, withdrew ₦10.2 billion from the state treasury for personal use.
