Former CBN Governor, Godwin Emefiele
A key forensic examination in the ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has hit a major roadblock following disagreements between the prosecution and defence teams.
The stalled analysis—focused on WhatsApp messages and data extracted from a mobile phone tendered as evidence—was brought to light on Tuesday during proceedings at the Ikeja Special Offences Court.
The forensic test, involving an iPhone referred to as “iPhone 2”, was ordered by Justice Rahman Oshodi on September 15, with a directive that experts from both the Economic and Financial Crimes Commission (EFCC) and the defence jointly carry out the examination to ensure transparency.
However, lead defence counsel, Olalekan Ojo (SAN), told the court that efforts to comply with the order on September 24 and 25 had yielded no result, blaming EFCC officials for obstructing the process.
> “On both days, nothing was achieved, despite the presence of both parties and the court’s registrar,” Ojo said.
He claimed that on the first day, EFCC representatives refused to allow full access to the device, and on the second day, even after the registrar clarified the court’s directive, the phone was not presented when Apple’s expert required it for testing.
> “Unrestricted access is essential for a proper forensic review. Without that, the expert cannot proceed. We urge the court to reinforce its earlier order,” Ojo added.
Emefiele, who is facing 19 counts related to corrupt practices and illicit gratification, is being tried alongside Henry Omoile, his co-defendant, who faces three counts linked to unlawful gift acceptance.
The alleged offences involve a staggering $4.5 billion and ₦2.8 billion.
In response to the defence claims, EFCC counsel, Rotimi Oyedepo (SAN), defended the agency’s position, stating that the defence expert had already compromised protocol by conducting a partial online analysis without proper facilities.
> “Their so-called expert has no physical lab or identifiable office and conducted the examination online, which jeopardises the integrity of the evidence,” Oyedepo argued.
He also expressed concern about the possibility of the data being altered if the phone was synced or accessed without strict controls.
> “Exhibit E could auto-sync, which would affect its authenticity. That’s why we insist on forensic best practices,” he said.
Despite EFCC’s stance, the defence pushed for the suspension of witness testimony until the examination is completed, arguing that the WhatsApp data is central to their case strategy.
Justice Oshodi, while acknowledging the defence’s position, directed the prosecution to submit its forensic report within 24 hours. He also instructed both sides to adopt electronic filing and service of documents going forward, to minimize procedural delays.
The case has been adjourned to October 8 for continuation of trial.
NAN
