The Special Offences Court in Ikeja, Lagos, has fixed September 15, 2025 to deliver a ruling on an application by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking forensic analysis of WhatsApp messages admitted in evidence in his ongoing fraud trial.
Justice Rahman Oshodi set the date after hearing arguments from Emefiele’s counsel, Olalekan Ojo (SAN), who questioned the authenticity of the messages presented by the Economic and Financial Crimes Commission (EFCC).
Ojo told the court that the defence required a forensic expert to examine the mobile device, identified as an “iPhone 2,” used to extract the messages, as well as the printed chat logs, in order to verify their accuracy.
He argued, “My Lord, we are requesting a forensic examination of both the device and the messages to confirm their authenticity and ensure a fair trial.”
Opposing the request, EFCC counsel Chinenye Okezie stated that the defence had failed to meet necessary procedural requirements.
She contended that once an exhibit is admitted, it becomes part of the court’s custody and must remain unaltered until the trial ends.
Okezie also criticised the defence for not providing specific details, such as the name of the forensic lab, the qualifications of the personnel involved, or the time needed for the examination.
She added, “The defence has not proposed any accredited forensic laboratory. If the court is inclined to grant the request, we urge that the Director of the EFCC’s Forensic Department nominate a certified lab.”
Okezie further insisted that any forensic analysis must maintain a proper chain of custody and be conducted in the presence of an expert appointed by the prosecution to prevent tampering.
After considering submissions from both parties, Justice Oshodi adjourned the matter until September 15 for a ruling, following the court’s annual vacation.
Background:
Emefiele and his co-defendant, Henry Omoile, are facing 19 counts of conspiracy, money laundering, and fraud brought by the EFCC.
At the hearing on 27 May, EFCC’s 8th prosecution witness, Alvan Gurumnaan, alleged that Emefiele received $17.1 million in cash through a proxy over a three-year period.
The EFCC subsequently submitted related documents in evidence.
Emefiele’s legal team then expressed their intention to subject all documents and exhibits to forensic scrutiny as part of their defence.