Lagos Special Offences Court sitting in Ikeja has granted an application filed by the former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to engage forensic experts to examine WhatsApp conversations and a mobile device marked “iPhone 2” that were tendered as evidence in his ongoing $4.5 billion fraud trial.
Emefiele is standing trial before Justice Rahman Oshodi on a 19-count charge alongside his co-defendant, Henry Omoile, over an allegation filed by the Economic and Financial Crimes Commission (EFCC).
Their offences, bordering on abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and N2.8 billion.
However, at the resumed proceeding, Emefiele’s counsel, led by Mr Olalekan Ojo (SAN), urged the court to allow an independent forensic expert to inspect the handset and verify the authenticity of the extracted WhatsApp messages already tendered as exhibits.
He submitted that the defence was seeking the leave of the court to call a forensic expert to examine both the mobile device and the printed conversations allegedly linked to the defendants.
But the EFCC counsel, C. C. Okezie, opposed the application. She argued that exhibits admitted during trial were in the custody of the court and must remain in their original form until the case is concluded.
She also said that the defence had not disclosed the name of the forensic laboratory or the qualifications of the experts who would conduct the exercise.
She therefore urged the court to mandate that the EFCC’s Director of the Forensic Department select the laboratory, ensure the process is monitored by a prosecution-nominated representative, and maintain a strict chain of custody.
While ruling on their submission, Justice Oshodi held that the defence had the right to conduct an independent forensic review, provided safeguards were in place to protect the integrity of the evidence.
He ordered that the inspection be conducted in the presence of representatives of all parties, with each party permitted to have no more than one lawyer and one forensic expert.
$4.5b fraud trial: Court grants Emefiele’s request for forensic examination

Godwin Emefiele