The Special Offences Court, Ikeja, has granted the request of former Governor of Central Bank of Nigeria, CBN, Godwin Emefiele, to subject to forensic examination handled by experts WhatsApp conversations and a mobile device marked that were tendered as evidence by EFCC, in his ongoing trial.
In his ruling on Monday, Justice Rahman Oshodi held that the defence has the right to conduct an independent forensic review, provided safeguards were in place to protect the integrity of the evidence.
Emefiele, is facing a 19-count charge alongside co-defendant Henry Omoile.
In the charges filed by the Economic and Financial Crimes Commission (EFCC), the former CBN boss is accused of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and N2.8 billion.
His legal team, led by Olalekan Ojo, SAN, had prayed the court to allow an independent forensic expert to examine the handset and verify the genuineness of the extracted WhatsApp messages presented as exhibits.
He urged the court to permit a forensic analysis of the mobile phone used in extracting the WhatsApp messages already tendered as evidence, stating:
He added:“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.”
EFCC counsel C. C. Okezie punctured the request, contending 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 reservation that the defence had not made public the name of the forensic laboratory or the qualifications of the personnel who would handle the device.
Okezie prayed the court to appoint the EFCC’s Director of Forensic Department to select the laboratory, ensure the exercise is monitored by a prosecution-nominated representative, and maintain a strict chain of custody.
The trial judge directed that the inspection be conducted in the presence of representatives of all parties, with each party allowed no more than one lawyer and one forensic expert of their own choice.
He also ordered that the process be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26, 2025.
He further ruled that the chain of custody of Exhibit E must be preserved and that the exhibit must remain in the court’s custody at all times.
Further mention on the matter was fixed for October 7, 8 and 9, 2025.
