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Court Grants Emefiele Leave to Forensically Examine WhatsApp Messages, iPhone Evidence

The Special Offences Division of the Lagos High Court, Ikeja, has granted former Central Bank of Nigeria (CBN) Governor Godwin Emefiele permission to engage forensic experts to examine WhatsApp conversations and a mobile device marked “iPhone 2” tendered as evidence in his ongoing trial.

In his ruling, Justice Rahman Oshodi held that the defendant was entitled to an independent forensic review, provided safeguards were maintained to protect the integrity of the evidence.

He directed that the inspection be conducted in the presence of representatives of all parties, with each side limited to one lawyer and one forensic expert. The court further ordered that the process be supervised by a court official and take place between 10 a.m. and 2 p.m. on 24 and 26 September 2025.

Emefiele, who is standing trial alongside co-defendant Henry Omoile on a 19-count charge, faces allegations of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and ₦2.8 billion.

At proceedings on 24 June 2025, just before the court’s annual vacation, Emefiele, through his lead counsel, Senior Advocate of Nigeria Olalekan Ojo, had challenged the authenticity of the digital messages presented by the Economic and Financial Crimes Commission (EFCC). He told the court he required a forensic expert to confirm the veracity of the evidence.

“My Lord, we are requesting permission to conduct a forensic analysis of the mobile device and the messages extracted therefrom in order to verify their authenticity and integrity,” Ojo said. “The defence is seeking leave to call a forensic expert to examine both the device and the printed conversations allegedly linked to the defendants. It is a critical element of our defence.”

Opposing the application, EFCC counsel Chinenye Okezie argued that the defendant had not met procedural requirements for such a request. She noted that once an exhibit had been admitted into evidence, the court assumed custody and it must remain intact until trial concluded.

Okezie stressed that the defence had failed to provide sufficient details about the forensic process, such as the laboratory to be used, the qualifications of the personnel, or the expected duration of the analysis.

“The defendants have not offered any options of accredited forensic labs for the court to consider,” she said, urging the court to direct the Director of the EFCC’s Forensic Department to nominate a certified laboratory should the application be granted.

She further emphasised that a proper chain of custody was essential to ensure the device was not tampered with and returned to the court intact. “Any examination should be conducted in the presence of a qualified expert nominated by the prosecution. This will prevent tampering and safeguard the integrity of the process,” she added.

In his ruling, Justice Oshodi ordered that the chain of custody for Exhibit E (iPhone 2) must be preserved and that the device remain in the custody of the court at all times. He adjourned the matter to 7 and 8 October 2025 for continuation of trial, and 9 October 2025 for the testimony of the alleged victim.

At an earlier hearing on 27 May 2025, the EFCC’s eighth prosecution witness, Alvan Gurumnaan, had testified that Emefiele allegedly received a total of $17.1 million in cash through a proxy over three years. The Commission subsequently tendered documents relating to the transactions in evidence.

Following this, Emefiele indicated his readiness to subject all documents and exhibits tendered in the case to forensic inspection.

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