By Ayomide Otitoju
The ongoing trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, suffered another setback on Tuesday following a heated disagreement between defence and prosecution teams over the forensic examination of a mobile phone and WhatsApp chats tendered as evidence.
At the resumed hearing before Justice Rahman Oshodi of the Special Offences Division, Lagos High Court, defence counsel Olalekan Ojo (SAN) informed the court that its earlier order for a joint forensic analysis of the mobile device, tagged “iPhone 2”, could not be executed due to what he described as “deliberate obstruction” by the Economic and Financial Crimes Commission (EFCC).
Ojo told the court that despite the presence of both parties and the court registrar on the agreed dates — September 24 and 25, 2025 — the EFCC team refused to grant full access to the device, contravening the court’s directive.
“The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team,” Ojo stated, adding that even after clarification from the registrar, the EFCC team declined to release the phone when the Apple expert requested it.
He urged the court to issue a fresh order to ensure “unfettered access” for both parties’ experts, stressing that the forensic review was crucial to verify the authenticity of the WhatsApp chats presented in evidence.
However, prosecution counsel Rotimi Oyedepo (SAN) denied any wrongdoing, arguing that the defence’s earlier analysis was flawed and failed to meet standard forensic protocols. He also questioned the credibility of the defence’s expert, claiming the individual lacked a physical laboratory or verifiable office address and had conducted parts of the analysis online, posing data integrity risks.
“The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit,” Oyedepo warned, maintaining that the phone remains on flight mode to prevent tampering.
Defence counsel Ojo and Adeyinka Kotoye (SAN), representing Emefiele’s co-defendant Henry Omoile, urged the court to suspend further witness testimony until the forensic process is completed, emphasizing that the WhatsApp messages form a central part of their defence.
While acknowledging their concerns, Justice Oshodi directed the prosecution to submit its forensic report within 24 hours but allowed the EFCC’s witness to continue his testimony, noting that the witness had travelled from Abuja for the proceedings. The court also ordered both parties to adopt electronic service of court documents to avoid future procedural delays.
Emefiele faces 19 counts of alleged gratification, corrupt practices, and abuse of office, while Omoile faces three counts of unlawful acceptance of gifts. Both men have pleaded not guilty.
Testifying, Alvan Gurumnaan, an EFCC operative, told the court that investigations uncovered multiple cash deliveries allegedly linked to Emefiele and his associates, based on WhatsApp exchanges and statements from CBN and Zenith Bank staff. He presented several WhatsApp records (Exhibits P1–P27) said to document large foreign currency transactions coordinated through intermediaries.
Justice Oshodi adjourned the case to October 8 and 9, 2025, for continuation of trial.
