The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, over alleged $4.5 billion fraud took a dramatic twist yesterday as the forensic review of a mobile phone and WhatsApp chats, central to the case, stalled due to disagreements between the prosecution and defence.
At the resumed sitting before Justice Rahman Oshodi of the Lagos Special Offences Court in Ikeja, the first defendant’s lawyer, Mr Olalekan Ojo (SAN), told the court that its earlier directive for a joint forensic review of the mobile phone, identified as “iPhone 2”, could not be executed because of what he termed deliberate obstruction by the Economic and Financial Crimes Commission (EFCC).
Ojo explained that although both legal teams and the court registrar were present on the fixed dates, September 24 and 25, 2025, the process failed to take off.
He claimed that EFCC officials blocked access to the complete contents of the device, in breach of the court’s ruling.
He submitted that, “The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team.”
He added that even when the registrar clarified that the order specifically mandated the examination of the phone and its WhatsApp contents, the EFCC team still failed to produce the device when the Apple expert requested it.
The senior lawyer therefore urged the court to issue a new directive allowing “unfettered access” for both sides’ experts, stressing that the forensic review was vital to verify the authenticity of the chats presented in evidence.
Prosecution defends process
While the case was ongoing and while responding, prosecution lawyer, Mr Rotimi Oyedepo (SAN), strongly denied blocking the analysis. He argued that the earlier forensic work carried out by the defence’s expert was defective and fell short of standard requirements.
Oyedepo said the expert had no physical lab, no verifiable office location, and allegedly conducted part of the review remotely, which posed risks of data alteration.
Oyedepo, however, warned that further tampering could alter the integrity of the exhibit, saying, “The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit.”
He submitted that the iPhone has been kept in flight mode to avoid interference and assured that the EFCC was dedicated to transparency, provided the review was done in line with proper forensic practice.
Still, both defence lawyers, Ojo (SAN) for Emefiele, and Adeyinka Kotoye (SAN) for the second defendant, Henry Omoile, pressed the court to suspend testimony until the forensic review was finished, arguing that the WhatsApp records are central to their case.
Earlier, Oyedepo informed the court that the defence had served him with the affidavit of fact of the forensic report just minutes before the hearing, which he required time to respond to.
Justice Oshodi, acknowledging their concerns, ordered the prosecution to file its forensic report within 24 hours but permitted the EFCC witness to proceed with testimony, noting the witness had travelled from Abuja.
The judge further directed both parties to adopt electronic filing of court papers to avoid more delays.
The EFCC is prosecuting Emefiele on 19 charges linked to alleged gratification, abuse of office, and corrupt practices, while Omoile faces three counts of illegal acceptance of gifts. Both men have pleaded not guilty.
After the ruling, prosecution witness Alvan Gurumnaan, an EFCC operative, continued his evidence, stating that investigators uncovered multiple cash deliveries allegedly tied to Emefiele and his allies, based on WhatsApp communications and testimonies from CBN and Zenith Bank employees. Gurumnaan presented several WhatsApp records (Exhibits P1 to P27) said to capture foreign currency transactions routed through intermediaries.
Following the testimony, Justice Oshodi adjourned the trial until October 8 and 9, 2025, for continuation.
