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The trial of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, on $4.5 billion fraud charges suffered a setback on Tuesday after a heated clash between the Economic and Financial Crimes Commission (EFCC) and the defense team over the forensic examination of a mobile phone tendered as key evidence.
At the resumption of hearing before Justice Rahman Oshodi of the Special Crimes Division, Lagos High Court, Emefiele’s lead lawyer, Olalekan Ojo (SAN), accused the EFCC of deliberately obstructing the court-ordered forensic analysis of an iPhone marked “Exhibit E”.
Ojo told the court that the joint forensic trial, scheduled for September 24 and 25, 2025, failed because EFCC officials allegedly refused to provide full access to the device and its WhatsApp messages.
“The first brick wall we faced was that the EFCC insisted that the device could not be fully exposed to our team, despite the registrar’s clarifications on the court order,” Ojo said, urging the court to issue a new directive granting “unfettered access” for experts from both sides.
But the prosecution lawyer, Rotimi Oyedepo (SAN), denied any obstruction, insisting that the previous forensic report by the defense expert was unreliable, flawed and did not meet global standards.
It also argued that the expert did not have a verifiable laboratory and conducted parts of the analysis online, risking the data being compromised.
Oyedepo warned that exposing the iPhone to uncontrolled forensic processes could “alter the integrity of Exhibit E”, noting that the device was kept in airplane mode to avoid tampering.
The defence, represented by Ojo and Adeyinka Kotoye (SAN) for the second accused, Henry Omoile, insisted on the suspension of further testimony until the conclusion of the forensic analysis, stressing that the WhatsApp chats formed the crux of their case.
Justice Oshodi, however, ruled that the trial will go ahead. He directed the EFCC to file its forensic report within 24 hours, directing both parties to adopt electronic service of court documents to avoid further delay.
Following the ruling, EFCC witness, Alvan Gurumnaan, resumed testimony, recounting how investigations uncovered multiple cash deliveries allegedly linked to Emefiele through WhatsApp communications and testimonies from CBN and Zenith Bank staff.
The EFCC is prosecuting Emefiele on 19 counts of gratification, corrupt practices and abuse of office, while Omoile faces three counts of illegal acceptance of gifts. Both men have pleaded not guilty.
The trial was postponed to October 8 and 9 for the continuation of the trial.
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