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Emefiele’s $4.5bn fraud trial faces major setbac
Forensic examination in Emefiele’s $4.5bn fraud trial faces major setback
Forensic examination of a phone and WhatsApp chats in the $4.5 billion fraud trial of former governor of Central Bank of Nigeria, Mr Godwin Emefiele, has suffered a major setback.
This was revealed on Tuesday at an Ikeja Special Offences Court.
The examination, meant to be conducted jointly by experts from the prosecution and defence, failed to proceed due to disagreements over execution modalities.
Emefiele is facing a 19-count charge bordering on receiving gratification and corrupt demands. His co-defendant, Mr Henry Omoile, faces a three-count charge for unlawful acceptance of gifts by agents.
The duo are charged with offences involving $4.5 billion and ₦2.8 billion.
At Tuesday’s proceedings, Emefiele’s Lead Counsel, Mr Olalekan Ojo (SAN), alleged that the Economic and Financial Crimes Commission (EFCC) had twice obstructed the court-ordered forensic process.
Justice Rahman Oshodi had on Sept. 15 ruled that the mobile device, marked “iPhone 2,” and its WhatsApp contents, tendered as evidence by the EFCC, must undergo scientific examination.
The ruling followed a defence application seeking the test in the interest of justice, with experts from both sides participating.
Ojo informed the court that on Sept. 24 and Sept. 25, the scheduled dates for the exercise, nothing was achieved despite the presence of both parties and the court’s registrar.
He said the first obstacle was that EFCC officials claimed the phone could not be fully exposed to the joint team.
“On the second day, even after the registrar clarified the order, EFCC representatives failed to produce the phone when Apple’s expert requested it,” Ojo said.
He argued that unrestricted access was essential for the experts to perform their duties and urged the court to issue a fresh directive to ensure compliance.
Responding, EFCC Counsel, Mr Rotimi Oyedepo (SAN), said the initial forensic examination by the defence expert was flawed and breached standard procedures.
He claimed the expert lacked a physical laboratory or verifiable office and conducted parts of the analysis online, risking data integrity.
“The implication of their request is that Exhibit E could be altered. The data might auto-sync, compromising its authenticity,” Oyedepo said.
He added that the iPhone remained in flight mode and untampered with, insisting that any handling must follow proper forensic standards.
However, the defence urged the court to halt further testimony until the examination was completed, stressing that the WhatsApp chats were central to their case.
The court acknowledged the defence’s concerns and directed the prosecution to file the forensic report within 24 hours.
Justice Oshodi also ordered both parties to adopt electronic service of documents to avoid further delays
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