EFCC files amended charges against Emefiele; ex-CBN boss gets travel permission” />
By Henry Ojelu
The forensic examination of a mobile device central to the $4.5 billion fraud case involving former Central Bank of Nigeria (CBN) Governor Godwin Emefiele has encountered a major obstacle. The delay arises from a disagreement between the Economic and Financial Crimes Commission (EFCC) and the defense team over the procedures for the court-ordered forensic analysis.
At the resumed hearing in the Ikeja Special Offences Court, overseen by Justice Rahman Oshodi, both parties exchanged accusations regarding the postponement of the forensic review initially scheduled for September 24 and 25, 2025.
Emefiele and his co-defendant, Henry Omoile, are charged with 19 counts, including fraud, corruption, and abuse of office.
The EFCC introduced an iPhone 12, which contains WhatsApp conversations deemed critical evidence against the former CBN governor.
The court had previously mandated that the device, referred to as “iPhone 2,” undergo a comprehensive forensic inspection by experts appointed jointly by the prosecution and defense to authenticate the disputed WhatsApp messages.
However, Olalekan Ojo, SAN, representing Emefiele, informed the court that the forensic process was hindered because the EFCC refused to provide access to the phone.
Ojo explained that despite the presence of representatives from the prosecution, defense, and the court’s Registrar, the EFCC declined to release the device for examination.
He stated, “Initially, the EFCC denied full access to the phone. The following day, even after the Registrar clarified that the court’s order covered both the device and its WhatsApp data, EFCC officials rejected the Apple expert’s request to conduct the analysis, responding with a firm ‘No.'”
Ojo urged the court to issue a fresh directive compelling the EFCC to allow unrestricted access to the phone and its contents, arguing that the commission’s refusal amounted to contempt of court.
In contrast, EFCC’s lead counsel, Rotimi Oyedepo, SAN, dismissed the defense’s claims as unfounded.
He contended, “The defense’s expert attempted to analyze the device while it was connected to the internet, which breaches forensic standards. Connecting Exhibit E online risks automatic syncing, which could alter or corrupt the evidence.”
Oyedepo stressed, “The prosecution has not obstructed the defense’s access to the evidence. However, the examination must adhere strictly to professional protocols to preserve the integrity of the data.”
Both Ojo and co-defense counsel A. Kotoye, SAN, requested the court to suspend further proceedings until the forensic report is completed, emphasizing that the WhatsApp messages are vital to their defense and continuing without them would be unfair.
Justice Oshodi acknowledged the arguments from both sides and ordered the EFCC to submit its forensic report within 24 hours.
Nevertheless, he allowed the prosecution to continue with witness testimonies, noting that a key witness had traveled from Abuja specifically for the hearing.
Furthermore, the judge directed that all future filings and document exchanges be conducted electronically to avoid unnecessary delays in this high-profile trial.