EFCC vs Ali Bello: Judge withdraws from N10 billion fraud case over alleged tampering

Justice James Omotosho of the Federal High Court (FHC) in Abuja on Thursday recused himself (withdrew) from the alleged N10 billion money laundering trial involving the Chief of Staff to the Kogi State Governor, Usman Ododo, Ali Bello and Dauda Suleiman, filed by the Economic and Financial Crimes Commission (EFCC).

Justice Omotosho made the decision in a ruling, citing an incident involving the alleged tampering with evidence by the court registrar, Nasir Onimisi, and the fact that the investigation into the exhibit is still ongoing.

Nairametrics previously reported that the court had dismissed an objection raised by Ali Bello regarding the admission of extra-judicial statements he made in the alleged N10 billion money laundering trial.

Bello, who is currently the Chief of Staff to Kogi State Governor Usman Ododo, and the other defendants were charged by the EFCC over alleged misappropriation of state funds and money laundering.

However, the defendants pleaded not guilty to the amended charges.

What the court said

In his ruling, Justice Omotosho recalled that on February 5, 2026, Onimisi called and came to his house at about 6:30 a.m., where he was said to have confessed to tampering with one of the exhibits, namely, a phone containing WhatsApp messages relating to transactions connected with the money laundering case.

• The judge held that he played in open court the recording of the conversation that had taken place in his sitting room when Nasir came to disclose these facts to him, in the presence of all the parties and their counsel.
• Following an examination of the phone in open court, in the presence of all the parties, and the discovery that its contents had been tampered with, he made an order for the arrest of Nasir and the defendants for investigation, including forensic analysis of their calls and phones, to enable him to determine the appropriate way forward and ascertain scientifically whether the exhibit had been tampered with.
• “The investigation is still ongoing as of today, and the prosecution has not informed me whether it has been concluded,” the judge added.

While going through the case file early Thursday morning in preparation for the day’s proceedings, the judge said he realised that the exhibit in question constitutes one of the material pieces of evidence and “one of the backbones of the prosecution’s case.”

The judge also stated that, during the pendency of the matter and after the incident involving the alleged tampering, he forfeited a property known as No. 12, 5th Avenue, 59 Crescent, Gwarimpa, Abuja, to the Federal Government of Nigeria, which was allegedly acquired for an Islamic cleric who prayed for Senator Oseni Yakubu.

He stressed that the forfeiture case is very much related to the instant case and the defendants.

• “I therefore consider this circumstance relevant to the question of how my continued participation in the proceedings might reasonably be perceived by the parties and by the public, because this Court needs to consider and look at Exhibit N jointly with other evidence to determine if a prima facie case has been established against the defendants or not,” he added.

He said if he were to continue with the proceedings and any further incident were to occur in relation to the case file or the exhibits, it could give rise to various perceptions and conclusions, whether justified or otherwise, which may adversely affect public confidence in the judiciary and the administration of justice.

Consequently, the judge ruled that it would be reasonable, fair and in the interest of the parties, the administration of justice and society at large for him to recuse himself from further proceedings in the matter.

He subsequently withdrew himself from further proceedings in the suit and directed that the case file be returned to the Chief Judge for reassignment to another judge.

What you should know

The EFCC is also prosecuting the defendants in another similar case.

The sister case is before Justice Obiora Egwuatu, while Justice Emeka Nwite is presiding over a money laundering case involving Ali Bello’s uncle, former Kogi State Governor Yahaya Bello.

Nairametrics reports that, in the charges before Justice Emeka Nwite, the former governor and others are accused of diverting public funds to the tune of N80 billion.

The allegation has been denied by the former governor, and the matter is pending.