The Special Offences Court sitting in Ikeja Lagos, has adjourned ruling on an application filed by former Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking a forensic analysis of WhatsApp messages admitted as evidence in his ongoing $4.5 billion fraud trial.
Presiding judge, Justice Rahman Oshodi, Tuesday, fixed September 15 for ruling on the application, which challenges the authenticity of digital messages extracted from a mobile phone, referred to as “iPhone 2” and tendered by the prosecution.
Emefiele’s counsel, Olalekan Ojo (SAN), urged the court to allow a forensic expert to examine the phone and the printed WhatsApp conversations, arguing that the integrity of the evidence must be verified through proper analysis.
However, the prosecution, led by C.C. Okezie, objected to the request, contending that the defence failed to specify key details such as the name of the forensic lab, the qualifications of the proposed experts, or the timeframe for the examination.
Okezie stated that once evidence has been admitted in court, it becomes the court’s property and must remain intact until the end of the trial. She argued that any forensic review must be tightly controlled to maintain the integrity of the evidence.
“The defendants should have proposed credible forensic laboratories for the court to choose from.
“We urge the court to direct the EFCC’s forensic director to nominate a suitable lab and supervise the process.”
She further insisted on a strict chain of custody and the presence of an experienced observer nominated by the prosecution to ensure the evidence is not tampered with.
Emefiele and his co-defendant, Henry Omoile, are currently facing a 19-count charge of fraud and money laundering brought by the Economic and Financial Crimes Commission (EFCC), involving $4.5 billion and N2.8 billion.
Justice Oshodi subsequently adjourned the matter to September 15, 2025, for ruling on the application.