Court Grants Emefiele Leave to Engage Forensic Experts in Ongoing Fraud Trial

The Lagos State Special Offences Court sitting in Ikeja on Monday granted former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, permission to engage forensic experts to examine a mobile device and WhatsApp conversations tendered as evidence in his ongoing trial.

Presiding judge, Justice Rahman Oshodi, ruled in favour of the defence after Emefiele’s lead counsel, Olalekan Ojo (SAN), applied for leave to allow independent experts to verify the authenticity of an iPhone, marked Exhibit E (iPhone 2), and extracted WhatsApp chats already admitted as exhibits.

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Defence Pushes for Independent Examination

Presenting the application, Ojo told the court that the defence was determined to ensure the integrity of the evidence relied upon by the prosecution.

“The defence seeks the court’s leave to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants,” he submitted.

Emefiele and his co-defendant, Henry Omoile, are currently facing 19 counts filed by the Economic and Financial Crimes Commission (EFCC). The charges border on abuse of office, gratification, corruption, and fraudulent property transactions involving alleged sums of $4.5 billion and ₦2.8 billion.

EFCC Objects to Application

Opposing the application, EFCC counsel, Chineye Okezie, argued that the exhibits tendered in court should remain strictly under judicial custody until the trial concludes.

She contended that the defence failed to disclose the name of the proposed forensic laboratory or details of the experts to be engaged, a lapse she said could compromise the integrity of the evidence.

Okezie further urged the court to mandate that the EFCC’s own Director of Forensic Department select the laboratory for the exercise, with a representative from the prosecution present throughout to preserve the chain of custody.

Court’s Ruling on Forensic Access

In his ruling, Justice Oshodi granted the defence application but imposed strict conditions to safeguard the exhibits.

He directed that the examination of the iPhone and the printed WhatsApp conversations be conducted in the presence of representatives from both the prosecution and defence. Each side will be allowed to present no more than one lawyer and one forensic expert.

The judge further ordered that a court official must supervise the exercise, scheduled to take place between 10 a.m. and 2 p.m. on September 24 and 26, 2025.

Importantly, Justice Oshodi stressed that the chain of custody of Exhibit E (iPhone 2) must not be broken. He ruled that the device will remain in the court’s custody at all times, even during the forensic exercise.

“The chain of custody of the exhibit must be preserved. The device will not leave the custody of the court at any point,” the judge stated.

Trial Adjourned for October

Following the ruling, Justice Oshodi adjourned the matter to October 7 and 8, 2025, for continuation of trial and set October 9, 2025, for further hearing.

The decision marks a significant moment in the case, which has drawn nationwide attention given Emefiele’s former position as head of Nigeria’s apex bank and the gravity of the allegations against him.

Broader Implications of the Case

The forensic examination could prove critical to the trial’s outcome. Legal analysts note that if the WhatsApp conversations are verified as authentic and admissible, they could strengthen the EFCC’s case against Emefiele and Omoile. Conversely, if inconsistencies or manipulations are uncovered, the defence may gain substantial ground in discrediting the prosecution’s evidence.

The case underscores the growing role of digital evidence in Nigeria’s criminal trials. Mobile devices, electronic conversations, and digital records have become central to high-profile corruption cases, raising questions about forensic capacity, chain of custody, and judicial oversight.

Public and Political Interest

Emefiele’s trial has been closely followed by the public and political observers, not only because of the massive financial sums involved but also due to his prominence as CBN governor during a turbulent period in Nigeria’s economy. His tenure saw controversial policies, including foreign exchange restrictions and the 2023 currency redesign, which triggered widespread debate.

For many Nigerians, the case is viewed as a test of the country’s commitment to fighting corruption at the highest levels. Critics, however, have expressed concerns that political undercurrents may influence the proceedings.

With forensic experts now set to scrutinise the key exhibits, attention will turn to the findings from the court-approved exercise later in September. The outcome could determine the strength of the EFCC’s evidence and shape the direction of the trial as it resumes in October.

Until then, the ruling reflects a cautious balance by Justice Oshodi—granting the defence access to evidence for independent review while ensuring that the integrity and custody of the exhibits remain fully protected.