Wale Igbintade

Justice Rahman Oshodi of the Special Offences Court, Ikeja, yesterday, granted the application of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to engage forensic experts to examine WhatsApp conversations and a mobile device marked “iPhone 2” that were tendered as evidence in his ongoing trial.

Emefiele, who is facing a 19-count charge alongside co-defendant Henry Omoile, was accused of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and N2.8 billion.

The charges were filed by the Economic and Financial Crimes Commission (EFCC).

Emefiele’s legal team, led by Olalekan Ojo, SAN, had asked the court to allow an independent forensic expert to inspect the handset and verify the authenticity of the extracted WhatsApp messages presented as exhibits.

Ojo urged the court to permit a forensic analysis of the mobile phone used in extracting the WhatsApp messages already tendered as evidence, stating:

“The defence is seeking the leave of the court to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants,” he argued

However, EFCC counsel C. C. Okezie opposed the request, arguing that exhibits admitted during trial are in the custody of the court and must remain in their original form until the case is concluded.

She also expressed concern that the defence had not disclosed the name of the forensic laboratory or the qualifications of the personnel who would handle the device.

Okezie urged the court to appoint the EFCC’s Director of Forensic Department to select the laboratory, ensure the exercise is monitored by a prosecution-nominated representative, and maintain a strict chain of custody.

In his ruling, Justice Oshodi held that the defence has the right to conduct 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 of all parties, with each party allowed no more than one lawyer and one forensic expert.

The court directed that the process be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26, 2025.

The judge further ruled that the chain of custody of Exhibit E (iPhone 2) must be preserved and that the exhibit must remain in the court’s custody at all times.

Justice Oshodi adjourned the matter till October 7 and 8, 2025, for continuation of trial, and October 9, 2025, respectively.

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