The alleged $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, suffered another setback on Tuesday after the court-ordered forensic examination of a key mobile phone hit a deadlock due to disagreements between the prosecution and defence teams.
The development came before Justice Rahman Oshodi of the Lagos State High Court, Ikeja, where Emefiele and his co-defendant, Henry Omoile, are standing trial on a 19-count charge bordering on corruption, gratification, and abuse of office.
The defence team, led by Senior Advocate of Nigeria (SAN) Olalekan Ojo, informed the court that the order directing the forensic analysis of the iPhone 12, tendered as Exhibit E and containing WhatsApp conversations alleged to be central to the case, could not be executed.
According to Ojo, SAN, efforts made on September 24 and 25, 2025, to comply with the court’s directive failed because the Economic and Financial Crimes Commission (EFCC) obstructed the process.
He told the court that the forensic team, which included representatives of the defence, the prosecution, and the court’s registrar, was denied full access to the device.
“The first brick wall we faced was that the EFCC said the device could not be exposed to the entire team.
“Even on the second day, when the Registrar clarified that the court’s order required examination of both the phone and its WhatsApp data, EFCC representatives failed to produce the phone when the Apple expert requested it,” Ojo said.
Ojo described the prosecution’s conduct as a violation of the court’s order, arguing that an unfettered forensic assessment was crucial to ensuring justice.
He urged the court to issue a fresh directive mandating access to the device for both parties’ experts.
However, counsel for the EFCC, Rotimi Oyedepo, SAN, countered the allegations, accusing the defence of attempting to compromise the integrity of the exhibit.
According to Oyedepo, the defence’s earlier forensic attempt was unprofessional, as the so-called expert had no verifiable office, lacked a physical laboratory, and allegedly carried out parts of the analysis using an internet connection, an act that could alter or corrupt the phone’s data.
“The implication of their request,” he warned, “is that Exhibit E may be altered. The data could auto-sync, thereby compromising the integrity of the evidence.”
Oyedepo told the court that the phone had been secured in flight mode to prevent tampering, stressing that the EFCC had not obstructed access but was insisting on proper forensic protocols.
“The prosecution has never, and will never, prevent the defence from accessing the facility. But handling of the exhibit must be done properly,” he said.
Responding to both arguments, the defence counsel, Ojo (SAN) for the first defendant and A. Kotoye (SAN) for the second, urged Justice Oshodi to suspend further testimony until the forensic examination is concluded.
They argued that the WhatsApp conversations extracted from the phone form the backbone of the prosecution’s case, and proceeding without a credible forensic report would prejudice the defence.
After hearing the submissions, Justice Oshodi acknowledged the concerns but directed the prosecution to file its forensic report within 24 hours.
He also permitted the continuation of the testimony from the EFCC’s prosecution witness, noting that the witness had travelled from Abuja for the hearing.
To streamline future proceedings, the judge further ordered both parties to adopt electronic service of documents to avoid delays.
The EFCC is prosecuting Emefiele on 19 counts, including allegations of receiving gratification, corrupt practices, and abuse of office, while his co-defendant, Omoile, faces a separate three-count charge of unlawfully accepting gifts. Both defendants have pleaded not guilty.
Following the court’s short ruling, the EFCC’s witness, Alvan Gurumnaan, an investigative officer, resumed his testimony.
He detailed the agency’s findings on alleged cash deliveries involving Emefiele and his associates.
According to Gurumnaan, the EFCC’s investigation included interviews with several individuals, including staff members of the CBN, Zenith Bank, and other financial institutions linked to the alleged transactions.
He presented multiple WhatsApp conversations, marked Exhibits P1 to P27, purportedly showing serial cash deliveries coordinated through intermediaries on behalf of the defendants.
“The evidence reveals repeated flows of large sums in foreign currency to the defendants, arranged through WhatsApp messages and executed through third parties,” the witness testified.
Justice Oshodi subsequently adjourned the matter to October 8, 2025, for continuation of trial, with both sides expected to present further arguments on the integrity and admissibility of the forensic evidence.
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