The Lagos State Special Offences Court in Ikeja has granted former Governor of Central Bank of Nigeria, Godwin Emefiele, permission to engage forensic experts to scrutinise WhatsApp conversations and a mobile device marked “iPhone 2” tendered as evidence against in his ongoing $4.5 billion and N2.8 billion fraud trial.
Justice Rahman Oshodi gave the ruling on Monday Emefiele’s lead counsel, Olalekan Ojo (SAN), application for leave to allow an independent forensic expert to inspect the handset and verify the authenticity of the extracted WhatsApp messages already admitted as exhibits.
“The defence seeks the court’s leave to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants,” Ojo told the court.
Emefiele, alongside his co-defendant, Henry Omoile, is standing trial on 19 counts bordering on abuse of office, receiving gratification, corruption, and fraudulent property transactions involving $4.5bn and N2.8bn.
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The charges were brought against them by the Economic and Financial Crimes Commission.
However, EFCC counsel, Chineye Okezie, opposed the application. She argued that the exhibits admitted during trial should remain strictly in the court’s custody until proceedings are concluded.
Okezie also faulted the defence for failing to disclose the name of the forensic laboratory or the qualifications of the personnel expected to handle the device.
She urged the court to mandate that the EFCC’s Director of Forensic Department select the laboratory, ensure the exercise is monitored by a prosecution-nominated representative, and preserve the chain of custody.
Ruling on the matter, Justice Oshodi held that the defence was entitled to 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 from all parties, with each side allowed to bring no more than one lawyer and one forensic expert. A court representative is also to supervise the exercise, which must take place between 10 a.m. and 2 p.m. on September 24 and 26, 2025.
The judge further directed that the chain of custody of Exhibit E (iPhone 2) must be preserved and that the device remain in the court’s custody at all times.
The trial was adjourned to October 7 and 8, 2025, for continuation, and October 9, 2025, for further hearing.
