The ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, hit another snag on Monday following a disagreement between the Economic and Financial Crimes Commission (EFCC) and the defence team over a court-ordered forensic examination of his iPhone and WhatsApp data.
At the resumed hearing before Justice Rahman Oshodi of the Lagos State Special Offences Court in Ikeja, Emefiele’s lead counsel, Olalekan Ojo (SAN), informed the court that the forensic analysis—earlier ordered to be conducted jointly by experts from both parties—could not proceed as planned due to the EFCC’s alleged non-cooperation.
Emefiele, standing trial alongside a co-defendant, Henry Omoile, on 19 counts of alleged fraud and abuse of office, accused the anti-graft agency of frustrating the execution of the court’s directive.
Ojo told the court that the examination, scheduled for September 24 and 25, 2025, in the presence of both parties and the court registrar, was aborted after EFCC representatives allegedly restricted 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,” Ojo said.
“On the second day, even after the registrar clarified that the order specifically directed an examination of the phone and WhatsApp chats, EFCC representatives refused to produce the phone when the Apple expert requested it. We were met with a categorical ‘No.’”
The defence counsel urged the court to issue a fresh directive compelling the EFCC to comply fully with the earlier order, stressing that a fair forensic analysis could not be conducted without unrestricted access to the phone.
Responding, EFCC counsel, Rotimi Oyedepo (SAN), countered that the defence expert’s previous examination attempt was “technically flawed” and failed to meet standard forensic protocols.
He claimed the defence expert lacked a physical laboratory or verifiable office address and conducted portions of the analysis online, raising data integrity concerns.
“The implication of their request is that Exhibit E (the iPhone) may be altered. The data could auto-sync and compromise the integrity of the exhibit,” Oyedepo argued.
He added that the device had been kept in flight mode to preserve its contents and denied claims of obstruction, insisting that proper forensic procedures must be followed.
Ojo and co-defence counsel, A. Kotoye, urged the court to suspend further witness testimony until the forensic analysis was completed, arguing that the WhatsApp messages were central to Emefiele’s defence.
Justice Oshodi, however, ruled that the prosecution’s witness could proceed with testimony, noting that the witness had travelled from Abuja for the hearing. The judge directed the prosecution to file its forensic report within 24 hours and ordered that all subsequent filings be served electronically to avoid delays.
During the session, EFCC operative Alvan Gurumnaan testified that investigations revealed multiple cash deliveries allegedly linked to Emefiele and his associates. He presented several WhatsApp message exchanges, marked Exhibits P1 to P27, purportedly showing coordination of foreign currency transfers through intermediaries.
Justice Oshodi adjourned further hearing to October 8 and 9, 2025, for the continuation of the trial.
