The forensic examination of a mobile phone central to the $4.5 billion alleged fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, stalled on Tuesday following a sharp disagreement between the Economic and Financial Crimes Commission (EFCC) and the defence team over how to carry out the court-ordered test.
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At the resumed hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, both parties traded accusations over who was responsible for the failure of the forensic process, originally scheduled for September 24 and 25, 2025.
Emefiele, alongside co-defendant Henry Omoile, faces a 19-count charge of alleged fraud, corruption, and abuse of office. The EFCC had submitted an iPhone 12 containing WhatsApp messages as part of its evidence against the former CBN chief.
The court had previously ordered that the device, marked as “iPhone 2,” undergo a scientific forensic analysis by experts representing both sides to verify the authenticity of the WhatsApp conversations.
However, Emefiele’s lead counsel, Olalekan Ojo, SAN, told the court that the exercise could not proceed because the EFCC repeatedly obstructed access to the device. He claimed that, despite the presence of representatives from the prosecution, the defence, and the court’s Registrar, the commission refused to produce the phone for examination.
“The first obstacle was that the EFCC insisted the device could not be fully exposed to the team. Then, on the second day, even when the Registrar clarified that your lordship’s order covered both the phone and its WhatsApp contents, the EFCC representatives refused to produce it when the Apple expert demanded it. We were told a categorical ‘No,’” Ojo said.
He urged the court to issue a fresh directive compelling the EFCC to allow unrestricted access, arguing that the commission’s refusal amounted to disobedience of the court’s order.
EFCC counsel, Rotimi Oyedepo, SAN, dismissed the defence’s claims as misleading. He accused the defence of introducing an unqualified expert without a verifiable laboratory and warned that their methods could compromise the integrity of the digital evidence.
“The defence’s expert conducted part of his analysis via a live internet connection, which breaches forensic standards. Connecting Exhibit E to the internet could cause data to auto-sync, thereby altering or corrupting the contents,” Oyedepo argued. He maintained that the iPhone had been kept in flight mode to ensure it remained unaltered and insisted that the prosecution had no intention of blocking the examination, only that it be conducted properly.
Justice Oshodi, noting the concerns raised by both sides, directed the EFCC to file its forensic report within 24 hours. However, he allowed the continuation of the prosecution’s witness testimony, citing that the witness had traveled from Abuja for the hearing.
The judge also ordered both parties to adopt electronic filing and service of documents to prevent unnecessary delays in the high-profile trial.
During proceedings, EFCC operative Alvan Gurumnaan testified about multiple cash deliveries allegedly traced to Emefiele and his associates. He presented WhatsApp conversations, admitted as Exhibits P1 to P27, which detailed repeated transactions involving large sums of foreign currency allegedly coordinated through messaging platforms.
Justice Oshodi adjourned the trial to Wednesday, October 8, 2025, for continuation of proceedings. Both Emefiele and Omoile have pleaded not guilty.
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