The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, over alleged $4.5 billion fraud took a dramatic turn yesterday as the forensic examination of a mobile phone and WhatsApp chats, key evidence in the case, hit a deadlock following disagreements between the prosecution and defence teams.
At the resumed hearing before Justice Rahman Oshodi of a Lagos Special Offences Court sitting in Ikeja, the first defendant counsel, Mr Olalekan Ojo (SAN), informed the court that its earlier order directing a joint forensic analysis of the mobile device, tagged “iPhone 2”, could not be carried out due to what he described as deliberate obstruction by the Economic and Financial Crimes Commission (EFCC).
Ojo told the court that despite both parties and the court registrar being present on the scheduled examination dates, September 24 and 25, 2025, the process could not proceed.
He alleged that the EFCC’s representatives refused to grant the required access to the full messages on the phone, contrary to the court’s directive.
He submitted that, “The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team.”
He added that even when the registrar clarified that the order specifically mandated the examination of the phone and its WhatsApp contents, the EFCC team still failed to produce the device when the Apple expert requested it.
The senior lawyer therefore urged the court to issue a fresh order to ensure “unfettered access” for both parties’ experts, insisting that the forensic process was crucial to establishing the authenticity of the chats tendered in evidence.
Responding, prosecution counsel, Mr Rotimi Oyedepo (SAN), vehemently denied blocking the examination. He maintained that the earlier forensic analysis conducted by the defence’s expert was flawed and failed to meet established standards.
Oyedepo told the court that the expert lacked a physical laboratory, had no verifiable office address, and reportedly conducted parts of the analysis online, posing a risk of data compromise.
Oyedepo, however, warned that further tampering could alter the integrity of the exhibit, saying, “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 submitted that the iPhone remains on flight mode to prevent tampering and assured that the EFCC was committed to transparency, provided the procedure adhered to proper forensic standards.
However, both defence counsel, Ojo (SAN), representing Emefiele, and Adeyinka Kotoye (SAN), counsel representing the second defendant, Henry Omoile, urged the court to halt further testimony until the forensic review was completed, arguing that the WhatsApp messages form the crux of their defence.
Earlier, Oyedepo told the court that the defence team served him a few minutes before proceeding with the affidavit of fact of the forensic report, which he needed to respond to.
Justice Oshodi, while acknowledging their concerns, directed the prosecution to file its forensic report within 24 hours but allowed the EFCC’s witness to continue testifying, 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 prevent further procedural delays.
The EFCC is prosecuting Emefiele on 19 counts bordering on alleged gratification, corrupt practices, and abuse of office, while his co-defendant, Omoile, faces three separate counts of unlawful acceptance of gifts. Both defendants have pleaded not guilty to all the counts charged.
After the ruling, prosecution witness Alvan Gurumnaan, an EFCC operative who resumed his testimony, narrated that the agency’s investigation revealed multiple cash deliveries allegedly linked to Emefiele and his associates, based on WhatsApp communications and testimonies from CBN and Zenith Bank staff. Gurumnaan presented several WhatsApp records (Exhibits P1 to P27) said to document large foreign currency transactions coordinated through intermediaries.
After listening to the witness, Justice Oshodi adjourned further proceedings to October 8 and 9, 2025, for continuation of the trial.
