A Lagos State Special Offences Court in Ikeja, presided over by Justice Rahman Oshodi has been informed that its order for the forensic examination of a phone and WhatsApp conversations, central to the alleged $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has hit a major setback.
This is because, the examination, intended to be conducted by experts from both the prosecution and defence, has failed to proceed as parties remain at loggerheads over the execution modalities.
Emefiele, who is facing a 19-count charge of alleged fraud alongside co-defendant Henry Omoile, had his lawyer, Olalekan Ojo, SAN, voice strong concerns to the trial judge.
Ojo alleged that the Economic and Financial Crimes Commission (EFCC), the prosecution, had on two separate occasions blocked the successful execution of the court’s order.
It would be recalled that Justice Oshodi had previously ruled that the mobile device, marked “iPhone 2,” and its WhatsApp contents, which were tendered by the EFCC as evidence, must be subjected to a scientific, forensic examination.
This ruling stemmed from an application by Emefiele’s defence team arguing the necessity of the examination in the interest of justice, requiring the presence of experts from both sides.
Reporting the failed attempts, Ojo told the court that on both September 24 and 25, 2025, the court-directed dates, nothing could be accomplished despite the presence of representatives from both parties and the court’s Registrar.
“The first brickwalls we faced was that the EFCC said the device cannot be exposed to the entire team,” Ojo submitted.
He further detailed that on the second day, even with the Registrar clarifying that the order specifically directed for the examination of the phone and WhatsApp, the EFCC representatives failed to produce the phone when the Apple expert demanded it, meeting the team with a “categorical No.”
The SAN emphasised the need for what he termed as an unfettered assess for the experts to perform their duty, insisting that the EFCC’s actions had blocked the process.
Ojo urged the court to issue a fresh directive to ensure proper access to the phone and its WhatsApp content.
In his response, the counsel for the EFCC, Rotimi Oyedepo, SAN, while addressing the court on the controversial forensic analysis of the iPhone 12 containing crucial WhatsApp chats tendered as Exhibit E, revealed that the initial forensic examination conducted by the defence’s expert was flawed and non-compliant with forensic standards.
According to him, the expert in question had no physical laboratory, no verifiable office, and reportedly carried out parts of the examination via a live internet connection, risking data compromise.
According to him, “The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit.”
The SAN confirmed that the iPhone remains in flight mode, ensuring it remains untampered with.
He assured the court of the prosecution’s commitment to transparency:
“The prosecution has never, and will never, prevent the defence from accessing the facility. But handling of the exhibit must be done properly.”
However, in their counter response, defence counsels to first and second defendant, Ojo (SAN) and A. Kotoye (SAN) urged the court to defer further testimony until the forensic analysis is completed.
They argued that the WhatsApp chats are central to their case and proceeding without the full report would be premature.
Justice Oshodi acknowledged their concerns but ruled that the prosecution must file the forensic report within 24 hours.
He allowed the continuation of the prosecution’s witness testimony, noting that the witness had travelled from Abuja for the hearing.
He also directed both parties to adopt electronic service of documents moving forward to prevent further delays.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Emefiele on 19 counts bordering on receiving gratification, corrupt practices, and abuse of office, while his co-defendant, Henry Omoile, is facing a separate three-count charge relating to unlawful acceptance of gifts.
But both defendants pleaded not guilty to the charge.
As the trial continues shortly after Justice Oshodi’s short ruling, the prosecution witness, Alvan Gurumnaan, an EFCC operative who testifyed to multiple cash deliveries, detailed the findings of their investigations involving Emefiele and associates.
Gurumnaan testified that the EFCC had interviewed various individuals including staff at CBN, Zenith Bank, and others allegedly involved in the cash transactions.
Gurumnaan presented multiple WhatsApp conversations (Exhibits P1 – P27), detailing serial cash deliveries allegedly made to the defendants.
The witness claimed the evidence shows a repeated flow of large foreign currency sums to the defendants, coordinated via WhatsApp and carried out through intermediaries.
The matter was adjourned until October 8 and 9, 2025, at 12:00 noon for the continuation of trial.
Reporting By Wahab Akinlade