EFCC, Defence Clash Over Forensic Examination In Emefiele’s $4.5bn Fraud Trial
The Economic and Financial Crimes Commission (EFCC) and the defence team of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, on Monday stalled the planned forensic examination of a mobile device tendered as evidence in his ongoing $4.5 billion fraud trial.
At the resumed hearing before the Justice Rahman Oshodi of the Lagos State High Court, Ikeja, both parties clashed over the modalities for examining an iPhone marked as “iPhone 2,” which the anti-graft agency claimed contained incriminating WhatsApp conversations relevant to the case.
Emefiele and a co-defendant, Henry Omoile, are facing a 19-count charge bordering on alleged fraud, corruption, and abuse of office.
The defence, led by Senior Advocate of Nigeria, Olalekan Ojo, accused the EFCC of frustrating the forensic review earlier approved by the court. Ojo informed the court that despite the presence of all parties, including the defence’s forensic expert and the prosecution’s representative, the EFCC refused to release the device for full examination.
According to him, the anti-graft agency insisted that the phone could not be “fully exposed,” thereby obstructing the process. He urged the court to compel the prosecution to allow unrestricted access to the device and its data in the presence of all parties.
However, EFCC counsel, Rotimi Oyedepo (SAN), denied the allegations, arguing that the defence’s proposed forensic method could compromise the integrity of the evidence. He said the defence’s expert lacked an approved forensic facility and had attempted to conduct the examination using a live internet connection, which could lead to data alteration or syncing.
Oyedepo maintained that the EFCC was not opposed to the court-ordered forensic review but insisted that it must be done in line with professional standards to preserve the chain of custody.
Justice Oshodi, after listening to both sides, directed the EFCC to file its forensic report within 24 hours and allowed the continuation of the prosecution’s witness testimony, noting that a witness had travelled from Abuja for the day’s proceedings.
The judge further ordered both parties to adopt electronic filing and service of documents to ensure efficiency and avoid unnecessary adjournments.
The court had earlier granted Emefiele permission to conduct an independent forensic audit of the WhatsApp chats and the mobile device, with the condition that representatives from both sides be present during the examination and that the device remain in court custody.
The case was adjourned to Wednesday, October 8, 2025, for continuation of trial.
