Court Grants Emefiele’s Request For Forensic Examination of WhatsApp Messages In Alleged $4.5billion Fraud Trial
The Lagos Special Offences High Court, Ikeja, today granted the request of embattled former Governor of Central Bank of Nigeria, Godwin Emefiele, to subject to forensic examination handled by experts WhatsApp conversations and a mobile device “iPhone 2” that were tendered as evidence by EFCC, in his ongoing fraud trial.
The presiding judge, Justice Rahman Oshodi in his ruling stated that the defence had the right to conduct an independent forensic review, provided safeguards were in place to protect the integrity of the evidence.
The former CBN Governor is standing trial alongside co-defendant Henry Omoile, accused of abuse of office, receiving gratification, accepting gifts through agents, and fraudulent property transactions involving $4.5 billion and N2.8 billion.
The legal defence team comprises of seven lawyers led by Barrister Olalekan Ojo, SAN, had filed and argued the application before the court,urging the court to allow an independent forensic expert to inspect the handset and verify the authenticity of the extracted WhatsApp messages presented as exhibits.
He also urged the court to permit a forensic analysis of the mobile phone used in extracting the WhatsApp messages already tendered as evidence, stating:
“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.”
However, EFCC counsel C. C. Okezie opposed the request, arguing that exhibits admitted during trial are in the custody of the court and must remain in their original form until the case is concluded.
She also expressed concern that the defence had not disclosed the name of the forensic laboratory or the qualifications of the personnel who would handle the device.
Okezie urged the court to appoint the EFCC’s Director of Forensic Department to select the laboratory, to ensure the exercise is monitored by a prosecution-nominated representative, and maintain a strict chain of custody.
However,Justice Oshodi directed that the inspection should be conducted in the presence of representatives of all parties, with each party allowed not more than one lawyer and one forensic expert of their own choice.
The court further ordered that the process should be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26, 2025.
Justice Oshodi further ordered that the chain of custody of the Exhibit must be preserved and that the exhibit must remain in the court’s custody at all times.Thereafter,the case was adjourned to October 7,8 and 9, 2025, for continuation of trial.
