The trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele suffered a setback following a disagreement between parties over the forensic examination of a mobile phone and WhatsApp chats presented as evidence.
At the resumed hearing before Justice Rahman Oshodi of the Special Offences Division of the Lagos High Court, defence counsel Olalekan Ojo (SAN) told the court that the joint forensic analysis of the mobile device, tagged “iPhone 2”, could not proceed due to what he described as the EFCC’s obstruction.
Ojo said that despite the presence of both parties and the court registrar on the scheduled dates, September 24 and 25, 2025, the examination was stalled because EFCC representatives refused to allow access to the full content of the device.
“The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team,” he told the court, adding that the anti-graft agency ignored the court’s directive even after clarification from the registrar.
He therefore urged the judge to issue a fresh order to ensure “unfettered access” for both parties’ experts, stressing that the forensic process was vital to verify the authenticity of the WhatsApp messages tendered as evidence.
However, prosecution counsel Rotimi Oyedepo (SAN) denied blocking the process, insisting that the previous forensic analysis conducted by the defence’s expert was flawed and lacked credibility. He claimed the expert operated without a physical lab, had no verifiable office address, and conducted parts of the analysis online, which could compromise data integrity.
Oyedepo added, “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 explained that the iPhone remained on flight mode to prevent tampering, assuring that the EFCC supported transparency if proper forensic procedures were followed.
Defence lawyers Olalekan Ojo (SAN) and Adeyinka Kotoye (SAN), representing Emefiele and co-defendant Henry Omoile, respectively, urged the court to suspend further testimony until the forensic review was completed, arguing that the WhatsApp chats were central to their defence.
Justice Oshodi, however, directed the prosecution to file its forensic report within 24 hours while allowing the EFCC witness to continue testifying, noting that the witness had travelled from Abuja for the proceedings.
The witness, Alvan Gurumnaan, an EFCC operative, told the court that investigations uncovered multiple cash deliveries allegedly linked to Emefiele and his associates, supported by WhatsApp communications and testimonies from CBN and Zenith Bank staff. He presented Exhibits P1 to P27, said to document large foreign currency transactions coordinated through intermediaries.
Justice Oshodi adjourned the case to October 8 and 9, 2025, for the continuation of trial and ordered both parties to adopt electronic service of court documents to avoid further delays.
What you should know
Former CBN Governor Godwin Emefiele is facing 19 counts of alleged fraud, gratification, and abuse of office. His co-defendant, Henry Omoile, faces three counts of unlawful acceptance of gifts.
Both men have pleaded not guilty, with the forensic dispute now a major point of contention in the ongoing trial.
