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The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, on fraud charges has suffered a major setback after a dispute erupted between parties over the forensic analysis of a mobile phone and WhatsApp messages submitted as evidence.
At the resumed hearing before Justice Rahman Oshodi of the Special Offences Division of the Lagos High Court in Ikeja, counsel to the first defendant, Olalekan Ojo (SAN), told the court that a previous order for a joint forensic analysis of a device labelled “iPhone 2” could not be fulfilled due to what he described as deliberate obstruction by the Economic and Financial Crimes Commission (EFCC).
Ojo informed the judge that despite the presence of both parties and the court registrar on the scheduled analysis dates, September 24 and 25 2025, the process could not go ahead. He alleged that EFCC officials refused to provide full access to the phone’s contents, contrary to the court’s directive.
“The first obstacle we encountered was the EFCC’s refusal to allow the entire team access to the device,” Ojo stated. He added that even after the registrar confirmed that the court order specifically authorised examination of the phone and its WhatsApp data, the EFCC team failed to present the device when the Apple specialist requested it.
The defence lawyer therefore asked the court to issue a fresh directive granting “unrestricted access” to both parties’ forensic experts, stressing that the process was vital to verify the authenticity of the WhatsApp chats submitted as evidence.
In response, prosecution counsel Rotimi Oyedepo (SAN) strongly denied obstructing the analysis. He argued that the earlier forensic examination conducted by the defence expert was inadequate and failed to meet standard requirements.
Oyedepo claimed the defence expert lacked a physical laboratory, had no verifiable office address, and allegedly performed parts of the analysis online, creating a risk of data compromise. He warned that further tampering could affect the evidence, stating: “If their request is granted, Exhibit E could be altered. The data might auto-sync and compromise the exhibit’s integrity.”
He explained that the iPhone remains in flight mode to prevent tampering and insisted that the EFCC was committed to transparency, provided the procedure followed recognised forensic protocols.
Defence lawyers Olalekan Ojo (SAN) for Emefiele and Adeyinka Kotoye (SAN) for co-defendant Henry Omoile urged the court to suspend further testimony until the forensic review is completed, arguing that the WhatsApp messages are central to their case.
Justice Oshodi acknowledged their concerns but ordered the prosecution to submit its forensic report within 24 hours. He nonetheless allowed the EFCC’s witness to continue testifying, noting the witness had travelled from Abuja for the proceedings.
The judge further instructed both parties to use electronic service for court documents to avoid future procedural delays.
The EFCC is prosecuting Emefiele on 19 counts of alleged gratification, corruption, and abuse of office, while Omoile faces three counts of unlawful gift acceptance. Both defendants have pleaded not guilty.
Following the ruling, EFCC operative Alvan Gurumnaan resumed his testimony, revealing that investigations uncovered multiple cash deliveries allegedly linked to Emefiele and his associates, supported by WhatsApp communications and witness statements from CBN and Zenith Bank staff. Gurumnaan presented several WhatsApp records (Exhibits P1 to P27) documenting substantial foreign currency transactions coordinated through intermediaries.
Justice Oshodi adjourned the trial to October 8 and October 9, 2025, for continuation.
