The Special Offences Division of the Lagos High Court in Ikeja has granted embattled former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, permission to conduct a forensic analysis of WhatsApp conversations and a mobile phone marked “iPhone 2” presented as evidence by the Economic and Financial Crimes Commission (EFCC) in his ongoing corruption trial.
Justice Rahman Oshodi, delivering the ruling on Monday, held that Emefiele has the right to independently verify the digital evidence presented against him, provided that appropriate safeguards are in place to preserve the integrity of the evidence.
The judge ordered that the forensic examination be conducted in the presence of representatives from both the defence and the prosecution, allowing only one lawyer and one forensic expert per side. The process will also be supervised by a court representative and carried out between 10 a.m. and 2 p.m. on September 24 and 26, 2025.
Justice Oshodi further directed that the chain of custody for the mobile device, admitted in court as Exhibit E, must be preserved. The device will remain in the custody of the court throughout the examination period.
Godwin Emefiele is currently standing trial alongside his co-defendant, Henry Omoile, on a 19-count charge bordering on abuse of office, bribery, corruption, and fraudulent property transactions involving over $4.5 billion and ₦2.8 billion.
During the June 24, 2025 hearing, just before the court went on its annual vacation, Emefiele’s lead counsel, Olalekan Ojo (SAN), challenged the authenticity of the WhatsApp chats and other digital data extracted from the mobile phone by the EFCC.
Ojo told the court that the defence intended to engage an independent forensic expert to examine the digital communications and device in question. He argued that the analysis was “a critical element” of the defence strategy and necessary to determine whether the data had been tampered with.
In opposition, EFCC counsel Chinenye Okezie argued that the defence had failed to follow proper procedures for requesting such a forensic examination. She maintained that once evidence is admitted in court, it must remain unaltered and in the court’s custody until the conclusion of trial.
Okezie also pointed out that the defence did not provide essential details such as the name of the forensic laboratory, the qualifications of the experts, or the duration of the proposed examination. She urged the court to involve the EFCC’s Forensic Department in nominating a certified lab if the application was to be granted.
“The examination should be done under strict supervision to ensure there’s no tampering, and the device must be returned immediately after the review,” Okezie submitted.
In granting the application, Justice Oshodi emphasized that the court’s conditions aim to balance the defendant’s right to a fair trial with the need to maintain the credibility and security of judicial evidence.
The matter was subsequently adjourned to October 7 and 8, 2025, for the continuation of trial, and October 9, 2025, for the testimony of the alleged victim.
