The Human and Environmental Development Agenda (HEDA Resource Centre) has urged the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, to return the ₦10.27 billion money-laundering case involving Ali Bello, Dauda Sulaiman and Abdulsalami Hudu to Justice James Omotosho for conclusion, rather than allowing the case to start afresh.
HEDA, in a statement signed by its Chairman, Olanrewaju Suraju, HEDA made the call following Justice Omotosho’s reported withdrawal from the case on September 24, 2026, over concerns surrounding the alleged tampering with an exhibit admitted in evidence.
The case, which began in 2022, concerns Economic and Financial Crimes Commission’s (EFCC) allegations that ₦10.27 billion was misappropriated from the Kogi State Government treasury. The defendants have denied the allegations. The prosecution called 17 witnesses and closed its case on June 2, 2026, after which the defendants filed no-case submissions.
Justice Omotosho’s withdrawal followed an earlier incident involving Exhibit N, a mobile phone containing WhatsApp conversations. The judge had ordered investigations by the Nigeria Police Force and the Department of State Services (DSS) after alleging that messages on the device had been deleted. He subsequently said the unresolved controversy surrounding the exhibit could affect his consideration of the no-case submissions and create an appearance of bias.
HEDA urged the Chief Judge to consider all lawful options for returning the case to Justice Omotosho, stressing that restarting the trial could further delay and derail a case that has already progressed to the close of the prosecution’s evidence.
The organisation also called for the outcome of the investigation into the alleged evidence tampering to be formally made available to the court and properly addressed through due process with law enforcement agencies prosecuting the Registrar indicted by the judge.
According to Suraju, HEDA’s position does not amount to a determination of the guilt or innocence of any of the defendants. The allegations against the defendants remain matters for judicial determination based on the evidence before the court, and it is also to be ascertained if any of the defendants participated in the alleged evidence tampering.
“We urged the Chief Judge to protect the integrity of the proceedings while ensuring that the substantial progress already made in the case is not unnecessarily lost. We also further call for clarity on the outcomes of the investigations, the status of the allegedly deleted messages and the circumstances surrounding the handling of evidence admitted by the court.” Suraju added.
HEDA said the case should be allowed to proceed from the stage already reached, subject to applicable law and due process, rather than being restarted without compelling legal necessity.
The organisation also called for the outcome of the investigation into the alleged evidence tampering to be made available to the court and properly addressed through due process.
HEDA stressed that its position does not amount to a determination of the guilt or innocence of any defendant, noting that the allegations remain subject to judicial determination. It urged the Federal High Court to preserve the progress already made in the case and ensure its timely determination in accordance with the law.
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