$4.5bn fraud trial: EFCC, lawyer clash over forensic analysis of Emefiele’s phone

The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, suffered a setback on Monday following a disagreement between the defence and the Economic and Financial Crimes Commission (EFCC) over the forensic examination of a mobile phone and WhatsApp chats tendered as evidence.

At the resumed hearing before Justice Rahman Oshodi of the Lagos High Court’s Special Offences Division in Ikeja, Emefiele’s counsel, Olalekan Ojo (SAN), accused the EFCC of obstructing a joint forensic analysis of an iPhone marked “iPhone 2”, despite a court order permitting both parties’ experts to examine the device.

Ojo told the court that the analysis, scheduled for September 24 and 25, 2025, could not proceed because EFCC officials allegedly refused to grant full access to the phone’s contents.

“The first brick wall we faced was that the EFCC said the device could not be exposed to the entire team,” Ojo said, adding that the Commission failed to produce the device when the Apple expert requested it.

He urged the court to issue a fresh order allowing “unfettered access” to the device, stressing that the forensic process was essential to verifying the authenticity of WhatsApp messages tendered as evidence.

In his response, prosecution counsel Rotimi Oyedepo (SAN) denied obstructing the examination, arguing that the defence’s earlier forensic review was flawed and conducted without proper facilities.

Oyedepo said the defence expert had no physical laboratory or verifiable office address and warned that further access could compromise the integrity of the exhibit.

“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, explaining that the device was kept on flight mode to prevent tampering.

Both defence lawyers—Ojo, representing Emefiele, and Adeyinka Kotoye (SAN), representing co-defendant Henry Omoile—urged the court to suspend witness testimony until the forensic examination is completed, saying the disputed WhatsApp chats form the crux of their case.

Justice Oshodi, while acknowledging their concerns, directed the prosecution to file its forensic report within 24 hours.

However, he allowed the EFCC’s witness to continue his testimony, noting that the witness had travelled from Abuja for the proceedings.

The judge also ordered both parties to adopt electronic service of court documents to avoid procedural delays.

Emefiele is facing a 19-count charge bordering on alleged gratification, corrupt practices, and abuse of office, while Omoile faces three counts of unlawful acceptance of gifts. Both defendants have pleaded not guilty.

During the session, EFCC operative Alvan Gurumnaan, who resumed his testimony, told the court that investigations revealed several cash deliveries allegedly linked to Emefiele and his associates, citing WhatsApp communications and statements from CBN and Zenith Bank staff.

Gurumnaan also presented multiple WhatsApp records (Exhibits P1 to P27), which he said documented large foreign currency transactions coordinated through intermediaries.

Justice Oshodi adjourned the trial to October 8 and 9, 2025, for continuation of proceedings.