The forensic examination of a mobile phone central to the $4.5 billion alleged fraud trial of former Central Bank of Nigeria, CBN, Governor, Godwin Emefiele, has stalled following a sharp disagreement between the Economic and Financial Crimes Commission, EFCC, and the defence team over how to carry out the court-ordered test.
At the resumed hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court on Tuesday, both parties traded accusations over who was responsible for the failure of the forensic process, which had been scheduled for September 24 and 25, 2025.
Emefiele, alongside his co-defendant, Henry Omoile, is facing a 19-count charge of alleged fraud, corruption, and abuse of office.
The EFCC had tendered an iPhone 12 containing WhatsApp messages as part of its evidence against the former apex bank chief.
The court had earlier ordered that the device, marked as “iPhone 2”, be subjected to a scientific forensic analysis by experts representing both sides to determine the authenticity of the WhatsApp conversations in dispute.
However, Emefiele’s lawyer, Olalekan Ojo, SAN, told the court that the exercise could not proceed because the EFCC repeatedly obstructed efforts to access the device.
According to him, despite the presence of representatives from the prosecution, the defence, and the court’s Registrar, the commission refused to produce the phone for examination.
He urged the court to issue a fresh directive compelling the EFCC to allow unrestricted access to the phone and its data, arguing that the commission’s refusal amounted to a disobedience of the court’s order.
But EFCC counsel, Rotimi Oyedepo, SAN, dismissed the defence’s claims as misleading.
He accused the defence of introducing an unqualified expert without a verifiable laboratory or office and warned that the defence’s methods could compromise the integrity of the digital evidence.
He maintained that the iPhone had been kept in flight mode to ensure it remained unaltered and insisted that the prosecution had no intention of blocking the examination, only that it must be done properly.
Both Ojo and co-defence counsel, A. Kotoye, SAN, pressed the court to suspend further proceedings until the forensic report was ready, stressing that the WhatsApp chats formed a key part of their defence and proceeding without them would be unfair.
Justice Oshodi, while noting the concerns raised by both sides, directed the EFCC to file its forensic report within 24 hours.
However, he allowed the continuation of the prosecution’s witness testimony, stating that the witness had travelled from Abuja for the hearing.
The judge also ordered both parties to adopt electronic filing and service of documents going forward to avoid unnecessary delays in the high-profile trial.
The EFCC is prosecuting Emefiele for allegedly receiving gratification, engaging in corrupt practices, and abusing his office as CBN Governor.
The EFCC operative maintained that the chat records and other exhibits revealed a consistent pattern of cash movements linked to the defendants.
Following the testimony, Justice Oshodi adjourned further hearing to Wednesday October 8, 2025, for continuation of trial.
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