The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, on charges of fraud suffered a significant setback following a dispute over the forensic examination of a mobile phone submitted as evidence.
At the resumed hearing before Justice Rahman Oshodi of the Special Offences Division of the Lagos High Court in Ikeja, counsel for the first defendant, Olalekan Ojo (SAN), informed the court that a court-ordered joint forensic analysis of a device labeled “iPhone 2” could not be carried out. He accused the Economic and Financial Crimes Commission (EFCC) of deliberately obstructing the process.
Ojo stated that despite the presence of both parties and the court registrar on the agreed dates — September 24 and 25, 2025 — the EFCC refused to grant full access to the phone’s contents, particularly WhatsApp messages, in violation of the court’s directive.
“The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team,” Ojo said. He added that even after the registrar clarified the court’s instructions, the EFCC failed to produce the device for analysis by an Apple-certified expert.
Ojo urged the court to issue a fresh order granting “unfettered access” to the phone, insisting the forensic review was critical to verifying the authenticity of the WhatsApp messages relied upon by the prosecution.
In response, prosecuting counsel Rotimi Oyedepo (SAN) strongly denied obstructing the process. He questioned the credibility of the defence’s forensic expert, alleging the expert operated without a certified laboratory or verifiable address and conducted part of the analysis online, which he claimed risked data compromise.
Oyedepo warned that connecting the device could alter its contents. “The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit,” he said.
He maintained that the iPhone had been kept on flight mode to preserve its integrity and stressed that the EFCC remained committed to transparency, provided the forensic procedures follow proper protocols.
Meanwhile, both Ojo and Adeyinka Kotoye (SAN), counsel for the second defendant Henry Omoile, urged the court to suspend further witness testimony until the forensic review is completed. They argued that the WhatsApp chats form the core of their defence.
Justice Oshodi acknowledged their concerns but declined to halt proceedings. He ordered the prosecution to submit its forensic report within 24 hours and permitted the EFCC witness, who had traveled from Abuja, to continue his testimony.
To prevent further delays, the judge also directed that all parties adopt electronic service for court documents going forward.
Emefiele is facing 19 counts bordering on alleged gratification, corruption, and abuse of office, while Omoile faces three counts of unlawful acceptance of gifts. Both men have pleaded not guilty.
Following the court’s ruling, EFCC operative Alvan Gurumnaan resumed his testimony, detailing alleged cash deliveries tied to Emefiele and his associates. He cited WhatsApp messages and witness statements from CBN and Zenith Bank staff, and presented 27 exhibits (P1–P27) containing records of large foreign currency transactions allegedly coordinated via intermediaries.
The trial was adjourned to October 8 and 9, 2025, for continuation.
