Court approves Emefiele’s request for forensic review of WhatsApp chats, iPhone evidence

The Special Offences Division of the Lagos High Court, Ikeja, has granted former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, permission to engage forensic experts in the ongoing trial against him.

Justice Rahman Oshodi, in a ruling delivered on Monday, approved Emefiele’s application to independently examine WhatsApp conversations and a mobile device (iPhone 12) previously tendered as evidence by the prosecution.

The judge emphasized that the defendant was entitled to an independent forensic review, provided that adequate safeguards were maintained to protect the integrity of the evidence.

To this end, Justice Oshodi ordered that the inspection must take place in the presence of representatives from all parties involved in the case. Each side will be allowed to bring one lawyer and one forensic expert to the exercise.

The court also directed that the process be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26, 2025.

Emefiele, who is facing a 19-count charge alongside co-defendant Henry Omoile, is accused of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and N2.8 billion.

At the proceedings of June 24, 2025, just before the court’s annual vacation, Emefiele, through his lead counsel, Senior Advocate of Nigeria, Olalekan Ojo had challenged the authenticity of the digital messages presented by the Economic and Financial Crimes Commission (EFCC) against him.

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The former CBN boss told the court that he would need to engage a forensic expert to confirm the veracity of the evidence.

His lawyer argued that the forensic analysis is necessary to verify the credibility of the evidence, which plays a critical role in the case being prosecuted by the EFCC.

He said: My Lord, we are requesting permission to conduct a forensic analysis of the mobile device and the messages extracted therefrom in order to verify their authenticity and integrity.

“The defence is seeking the leave of the court to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants.”

“It is a critical element of our defence,” Ojo submitted.

In opposing the application, the EFCC counsel, Chinenye Okezie, told the court that the defendant had failed to meet the procedural requirements for such an application.

Okezie also submitted that once such an exhibit has been admitted into evidence, the court assumes custody of the item, and it must remain intact until the conclusion of the trial.

She stressed that the defence had not provided adequate details about the forensic process, including the name of the lab, the qualifications or experience of the personnel to conduct the analysis, or the expected duration of the examination.

“The defendants have not offered any options of accredited forensic labs for the court to consider,” Okezie noted.

“We urge the court to direct the Director of the Forensic Department of the Commission to nominate a certified forensic laboratory if the application is to be granted,” Okezie added.

She also stated that there must be a proper chain of custody to ensure the device isn’t tampered with and it is returned to the court upon conclusion of the exercise.

“Any examination should be conducted in the presence of a qualified expert to be nominated by the prosecution. This is to prevent any tampering and to guarantee the integrity of the process,” Okezie added.

In his ruling today, Justice Oshodi also ruled that the chain of custody of Exhibit E (iPhone 2) must be preserved and that the exhibit must remain in the court’s custody at all times.

The court then adjourned the matter to October 7 and 8, 2025, for continuation of trial, and October 9, 2025, for the testimony of the alleged victim.

At the court proceedings of May 27, 2025, an official of the Economic and Financial Crimes Commission, Alvan Gurumnaan, who is testifying as the 8th Prosecution Witness, had told the Court how the former CBN Governor allegedly received a total of $17.1 million in cash through a proxy, for three years.

The EFCC subsequently tendered in evidence all documents gathered in relation to these transactions.

Through his lawyers, the former CBN Governor then indicated his readiness to subject to forensic inspection all the documents and exhibits tendered.