•Defence accuses anti-graft agency of frustrating access to vital evidence

Wale Igbintade

The forensic examination of an iPhone and WhatsApp conversations, regarded as crucial evidence in the ongoing $4.5 billion fraud trial of the former Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, has stalled following a disagreement between the Economic and Financial Crimes Commission (EFCC) and the defence team over the execution of a court order.

At the resumed hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, Lagos, counsel to the defendant, Mr. Olalekan Ojo, SAN, informed the court that the joint forensic analysis earlier ordered by the court to be undertaken by experts from both sides could not proceed as scheduled due to disputes on the modalities for compliance.

Emefiele, who is standing trial alongside a co-defendant, Mr. Henry Omoile, on a 19-count charge bordering on alleged fraud and abuse of office, accused the EFCC of frustrating the court-sanctioned examination of the device.

Ojo told the court that despite Justice Oshodi’s explicit directive authorising a forensic analysis of the mobile device marked iPhone 2 and its WhatsApp contents, the anti-graft agency failed to cooperate with the defence team on two separate occasions.

He explained that the examination, scheduled for September 24 and 25, 2025, was attended by representatives of both parties as well as the court registrar, but was aborted after the EFCC 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 stated.

“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.”

Ojo urged the court to issue a fresh directive compelling the EFCC to comply fully with its earlier order, stressing that a meaningful forensic examination could not be conducted without unhindered access to the device.

Responding, EFCC counsel, Mr. Rotimi Oyedepo, SAN, countered that the earlier forensic attempt by the defence expert was defective and failed to meet recognised forensic standards.

He alleged that the expert lacked a physical laboratory or verifiable office and had conducted parts of the analysis online, thereby exposing the data to possible compromise.

 “The implication of their request is that Exhibit E (iPhone) may be altered. The data could auto-sync and affect the integrity of the exhibit,” Oyedepo argued.

He assured the court that the device remains on flight mode to preserve its integrity and maintained that the prosecution had not obstructed access but insisted on proper handling procedures.

“The prosecution has never, and will never, prevent the defence from accessing the facility. But the handling of the exhibit must be done properly,” Oyedepo submitted.

However, the defence counsel (Ojo and Mr. A. Kotoye), urged the court to suspend further witness testimony until the forensic analysis was completed, arguing that the WhatsApp conversations form the crux of the defence’s case and that proceeding without them would be premature.

In a brief ruling, Justice Oshodi acknowledged the defence’s concerns and directed the prosecution to file its forensic report within 24 hours.

He nonetheless allowed the continuation of the prosecution’s witness testimony, noting that the witness had travelled from Abuja for the proceedings.

The trial judge further ordered that all subsequent filings be served electronically to minimise future delays.

Emefiele is being prosecuted by the EFCC on 19 counts bordering on corruption, gratification, and abuse of office.

His co-defendant, Omoile, faces three counts relating to the unlawful acceptance of gifts. Both men have pleaded not guilty.

Following the court’s directive, the prosecution called its next witness, Mr. Alvan Gurumnaan, an EFCC operative, who testified that investigations revealed multiple cash deliveries allegedly made to Emefiele and his associates.

Gurumnaan stated that the investigative team interrogated several staff of the CBN, Zenith Bank, and other financial institutions allegedly linked to the transactions.

He tendered several WhatsApp exchanges, marked Exhibits P1 to P27, said to document foreign currency transfers coordinated via the messaging platform and executed through intermediaries.

Justice Oshodi adjourned further hearing to October 8 and 9, 2025, for continuation of trial.

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