The forensic examination of an iPhone and WhatsApp conversations considered key evidence in the ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, has stalled following a disagreement between the Economic and Financial Crimes Commission (EFCC) and the defence team over the execution of a court order.
At the resumed hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, Lagos, defence counsel Mr. Olalekan Ojo, SAN, told the court that the joint forensic analysis ordered by the court could not proceed due to disputes between both parties on how to carry it out.
Emefiele, who is standing trial alongside Mr. Henry Omoile on a 19-count charge bordering on alleged fraud and abuse of office, accused the EFCC of frustrating the court-sanctioned analysis of the device.
Ojo said despite Justice Oshodi’s clear directive authorising the forensic examination of the iPhone (marked Exhibit E) and its WhatsApp contents, the EFCC failed to cooperate with the defence team during the scheduled sessions on September 24 and 25, 2025.
According to him, the examination—attended by representatives of both sides and the court registrar—was aborted after the EFCC restricted access to the device.
“The first brick wall we faced was that the EFCC said the device could not be exposed to the entire team,” Ojo said.
“On the second day, even after the registrar clarified the court’s order, the EFCC refused to release the phone when the Apple expert requested it.”
He therefore urged the court to compel the anti-graft agency to fully comply with its earlier directive, stressing that a meaningful forensic review could not be done without unrestricted access to the device.
In response, EFCC counsel, Mr. Rotimi Oyedepo, SAN, argued that the defence’s earlier forensic attempt was flawed and failed to meet accepted forensic standards. He alleged that the expert engaged by the defence had no verifiable laboratory and carried out parts of the analysis online, which could compromise the data’s integrity.
Oyedepo maintained that the EFCC only sought to ensure proper handling of the evidence.
“The prosecution has never prevented the defence from accessing the device, but the examination must follow due process,” he said, adding that the iPhone remains on flight mode to preserve its data.
Defence lawyers Ojo and Mr. A. Kotoye then urged the court to halt further witness testimony until the forensic analysis is completed, insisting that the WhatsApp messages form the core of their case.
In his ruling, Justice Oshodi directed the prosecution to file its forensic report within 24 hours, while allowing the continuation of the prosecution’s witness testimony, noting that the witness had travelled from Abuja for the session. He also ordered that all subsequent filings be served electronically to avoid further delays.
Emefiele faces 19 counts of corruption, gratification, and abuse of office, while his co-defendant, Omoile, is charged with three counts relating to the unlawful acceptance of gifts. Both men pleaded not guilty.
Following the ruling, the EFCC called its next witness, Mr. Alvan Gurumnaan, an operative of the Commission, who testified that investigations uncovered multiple cash deliveries allegedly made to Emefiele and his associates.
He told the court that several staff of the CBN, Zenith Bank, and other financial institutions were interrogated during the probe. Gurumnaan also tendered several WhatsApp messages, marked Exhibits P1–P27, which he said contained records of foreign currency transfers coordinated via the messaging platform.
Justice Oshodi adjourned further hearing to October 8 and 9, 2025, for continuation of trial.
