ABUJA — The N10.27 billion alleged money laundering trial involving Ali Bello, nephew of former Kogi State Governor Yahaya Bello, has taken a dramatic turn after Justice James Omotosho of the Federal High Court in Abuja recused himself from the case over unresolved allegations of evidence tampering.
Justice Omotosho announced his withdrawal from the trial on Thursday after raising concerns over the alleged deletion of WhatsApp messages from an exhibit already admitted in evidence.
The judge said the disputed evidence was important to the determination of the defendants’ pending no-case submission and that continuing with the matter could expose the court to allegations of bias.
He consequently ordered that the case file be returned to the Chief Judge of the Federal High Court for reassignment.
Why Justice Omotosho Stepped Aside
The development followed an earlier controversy involving a court registrar, Nasiru Onimisi Zubairu, and Dauda Sulaiman, the second defendant in the case.
The court had directed the Department of State Services (DSS) and the Nigeria Police Force to investigate allegations that Zubairu and Sulaiman were involved in tampering with Exhibits N and O.
The exhibits contained information extracted from a mobile phone that the Economic and Financial Crimes Commission (EFCC) had tendered during the trial.
According to evidence heard by the court, some WhatsApp conversations contained in the original extracts could no longer be found on the device.
Justice Omotosho noted that the security agencies had yet to submit their investigative report about seven months after the alleged tampering came to light.
He said the unresolved issue had become particularly important because the defendants were asking the court to determine whether the prosecution had established a case requiring them to enter a defence.
The judge therefore concluded that withdrawing from the matter was in the interest of justice.
Registrar Allegedly Admitted Deleting Messages
The evidence-tampering allegation surfaced after the judge disclosed that the court registrar had allegedly confessed to him that Sulaiman approached him and asked him to delete WhatsApp messages from the phone already admitted as an exhibit.
Justice Omotosho subsequently summoned the registrar to the courtroom and directed him to explain what had happened.
Zubairu told the court that he had informed Sulaiman that he was facing an accommodation problem. According to the registrar’s account, Sulaiman then allegedly asked him to delete some WhatsApp messages contained in the exhibit and promised to provide him with a house.
The judge also played a recording of the registrar’s alleged confession in open court.
Justice Omotosho said his decision to bring the matter before the parties was consistent with a directive from the Chief Judge requiring judges to disclose such developments as early as possible.
The episode has added another layer to a case that has already attracted considerable attention because of the amount of money involved and its connection to the former Kogi governor.
The Bureau Journal has continued to follow developments surrounding Kogi State and the wider political environment around Governor Ahmed Usman Ododo, including recent security and political developments in Ofu.
EFCC Witness Confirms Messages Were Missing
To establish whether the alleged deletion actually occurred, prosecution counsel Rotimi Oyedepo, SAN, directed EFCC investigator Muhammed Audu Abubakar to examine the phone and compare its contents with the extracts previously tendered before the court.
Abubakar confirmed that a number of WhatsApp conversations appearing in the extracts were no longer available on the device.
Among the missing conversations were exchanges dated December 2020, January 2021 and 2022.
The witness identified several messages allegedly relating to the movement of large sums of money.
One of the messages, dated January 26, 2021, reportedly read: “Hudu is bringing N100million.”
Another message allegedly stated that N60 million was in transit, while another referred to N30 million being brought to Abuja.
The witness also confirmed that a message dated August 30, 2021, which allegedly stated that Mr Ododo had collected N50 million and would be travelling to Abuja, was no longer available on the phone.
Another extracted message allegedly referred to N93 million, with N7 million designated for an individual identified as TJ and a further reference to January 2, 2022.
When the prosecution asked the witness to check another conversation dated February 28, 2022, he reportedly confirmed that the message was also missing from the device.
The witness maintained that he had encountered the messages during his investigation before they disappeared from the phone.
EFCC Seeks Forensic Examination
Following the evidence that some messages were missing, Oyedepo asked the court to order a forensic investigation of Exhibit N.
The prosecution argued that there was an urgent suspicion that the exhibit, which it considered crucial to its case, had been tampered with.
The EFCC also asked the court to revoke the bail of the defendant and order a forensic examination of the device.
The defence lawyers expressed concern over the development and urged the court to await the outcome of an investigation into the alleged alteration of the evidence.
The dispute over the exhibit ultimately became central to Justice Omotosho’s decision to withdraw from the case.
The development comes at a time when the EFCC is pursuing several high-profile financial crime investigations. The Bureau Journal recently reported on an EFCC investigation linked to the Mambilla Power Project, highlighting the commission’s continuing focus on allegations involving public funds and financial transactions.
EFCC Had Already Closed Its Case
The EFCC closed its case on June 2 after calling 17 witnesses before the Federal High Court.
Following the conclusion of the prosecution’s evidence, Bello and Sulaiman applied to file no-case submissions.
The defendants argued that the totality of the evidence presented by the EFCC did not establish a prima facie case against them and therefore did not require them to open their defence.
The matter was scheduled for the defendants to adopt their no-case submissions on Thursday.
Instead, proceedings took an unexpected turn when Justice Omotosho announced that he would no longer preside over the case.
A no-case submission is an application by a defendant arguing that the prosecution has failed to produce sufficient evidence to require the defendant to present a defence.
What the EFCC Alleges Against Ali Bello
Bello and Sulaiman are facing a 10-count charge brought by the EFCC in charge number FHC/ABJ/CR/550/2022.
The commission alleges that the defendants fraudulently withdrew N10,270,556,800 from the Kogi State treasury and delivered the money to Bureau de Change operator Rabiu Tafada in Abuja.
According to the EFCC, the money was allegedly kept or converted into foreign currencies for personal gain.
The allegations have not been finally determined by the court, and the defendants are presumed innocent unless and until proven guilty in accordance with the law.
The case is part of a wider series of legal and political developments involving Kogi State and figures connected to the state’s previous administration. The Bureau Journal has also reported on the emergence of Yahaya Bello on the APC’s 2027 senatorial candidate list for Kogi Central.
Why the Evidence Issue Matters
The disputed phone evidence has assumed particular importance because the prosecution relied on the contents of the device during its case.
If messages contained in an exhibit have been deleted after the evidence was admitted, questions arise over the integrity, preservation and completeness of the material available to the court.
Those questions are separate from the ultimate determination of whether Bello and Sulaiman committed the offences alleged against them.
The judge’s concern was that he could be placed in a difficult position if he were required to determine the defendants’ no-case submissions while the circumstances surrounding the alleged alteration of evidence remained unresolved.
Justice Omotosho therefore said his withdrawal would help protect the integrity of the proceedings and avoid any perception that his eventual decision had been influenced by the unresolved controversy.
Case File To Be Reassigned
With Justice Omotosho’s recusal, the case will now return to the Chief Judge of the Federal High Court for reassignment.
The new judge will inherit a case in which the prosecution has closed its evidence and the defendants are seeking a ruling that they have no case to answer.
The unresolved investigation into the alleged deletion of messages is also expected to remain relevant as the proceedings continue.
The development comes amid continued attention on Kogi’s political and governance landscape. Recent reporting by The Bureau Journal has covered major decisions of the Kogi State Executive Council under Governor Ahmed Usman Ododo, including projects covering infrastructure, agriculture and institutional reforms.
The state has also remained in the news over political activity ahead of the 2027 elections. The Bureau Journal recently reported that the APC’s public-facing candidate structure listed Joseph Erico for Kogi East and Yahaya Bello for Kogi Central.
For the Ali Bello case, however, the immediate issue is now judicial reassignment and what happens to the pending no-case submissions.
Justice Omotosho’s withdrawal does not determine whether the defendants have a case to answer, nor does it establish the allegations surrounding the missing messages.
The next stage of the proceedings will depend on the reassignment of the case and the directions issued by the newly assigned judge.
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