Court-ordered forensic analysis in Emefiele $4.5 billion fraud trial hits setback

The trial of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, took a new turn on Tuesday as the Ikeja Special Offenses Court was informed that its order for a forensic examination of a central mobile phone in the case has stalled due to procedural disagreements between the parties.

Presiding over the matter, Justice Rahman Oshodi had earlier ordered that the mobile device, marked “iPhone 2”, together with its WhatsApp messages, attempted as key evidence by the Economic and Financial Crimes Commission (EFCC), be subjected to independent forensic examination. The process was to involve experts from the prosecution and defense teams.

However, during Tuesday’s proceedings, Emefiele’s counsel, Olalekan Ojo, SAN, reported that the forensic analysis did not proceed as expected for the court-allocated dates of September 24 and 25, 2025. He said the EFCC had twice obstructed the trial.

According to OJO, although both the parties and the Registrar of Court were present on the scheduled days, the EFCC refused to allow full access to the device.

“The first obstacle was the refusal of the EFCC to expose the device to the entire team,” Ojo said.

“On the second day, despite the clarification of the Registrar of Court order, the EFCC officials refused to produce the phone when the Apple expert requested it. They gave a categorical “no”.

OJO stressed that the examination must be conducted without restrictions, insisting that the actions of the EFCC had prevented compliance with the court order. He urged the court to issue a new direction to ensure that experts are given adequate access to the WhatsApp phone and its contents.

In response, Rotimi Oyedepo, SAN, an advisor to the EFCC, disputed the defense position. It argued that the defense’s previous forensic efforts were flawed and violated standard procedures, noting that the expert in question operated without a verifiable office or physical laboratory and allegedly used a live Internet connection, risking the integrity of the data.

“Their method could lead to an auto-synchronization display, potentially altering E. We need to protect the integrity of the device,” Oyedepo said.

He clarified that the iPhone remains in flight mode to prevent tampering and reaffirmed the prosecution’s commitment to transparency. However, he stressed that the management of the exhibition must follow due process.

Despite the disagreement, defense lawyers, Ojo (SAN) and A. Kotoye (SAN), argued that the forensic report is crucial to their case. They asked the court to defer further witness testimony until the analysis was properly conducted.

Judge Oshodi acknowledged their concerns but refused to halt the proceedings. He directed the EFCC to submit its forensic report within 24 hours and allowed the prosecution to continue to present its witness, citing that the witness had traveled from Abuja specifically for the hearing. He also instructed both sides to adopt electronic document service to avoid future delays.

Emefiele is facing 19 counts of alleged fraud, including receiving gratification, corrupt practices and abuse of office. His co-accused, Henry Omoile, faces three separate counts related to unlawful acceptance of gifts. Both men have pleaded not guilty.

Following the short sentence, the trial resumed with the testimony of Alvan Gurumnaan, an EFCC officer and the prosecution witness. Gurumnaan detailed the findings of the Commission’s investigation, including several foreign currency cash deliveries allegedly linked to Emefiele and his associates.

He said the EFCC had interviewed several people, including staff of CBN Bank and Zenith, as part of the probe. The witness presented WhatsApp Chats (exhibits P1 – P27) which allegedly documented repeated large cash deliveries arranged through intermediaries.

Justice Oshodi adjourned the matter to October 8 and 9, 2025, 12pm for continuation of the trial.