The Special Offences Division of the Lagos High Court, Ikeja, has approved an application by former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, to employ forensic experts in examining digital evidence presented in his ongoing trial.
Justice Rahman Oshodi, in a ruling on Monday, held that the defendant is entitled to conduct an independent forensic review of the WhatsApp conversations and a mobile device marked “iPhone 2” tendered by the Economic and Financial Crimes Commission (EFCC).
The judge, however, set conditions to protect the integrity of the exhibits, directing that:
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The examination must take place in the presence of representatives of all parties.
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Each side may present only one lawyer and one forensic expert.
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A court official will supervise the inspection, scheduled for September 24 and 26, from 10 a.m. to 2 p.m.
Justice Oshodi also ruled that the chain of custody of Exhibit E (iPhone 2) must be preserved, stressing that the device will remain in court custody at all times.
Background of the Case
Emefiele, alongside Henry Omoile, faces a 19-count charge bordering on abuse of office, corruption, gratification, and fraudulent property transactions involving $4.5 billion and N2.8 billion.
At the June 24 sitting, before the court’s annual vacation, Emefiele’s lawyer, Olalekan Ojo (SAN), challenged the authenticity of the messages extracted from the device, requesting permission to involve a forensic expert. The EFCC’s counsel, Chinenye Okezie, opposed the motion, insisting that procedural requirements were not met and the exhibits must remain intact in court custody.
Next Steps in the Trial
The case has been adjourned to October 7 and 8 for continuation of trial, while October 9 has been set for the testimony of the alleged victim.
At an earlier sitting on May 27, EFCC witness Alvan Gurumnaan testified that Emefiele allegedly received $17.1 million in cash through a proxy over three years, with documents supporting the transactions admitted into evidence.
