Business Briefings
WhatsApp Chats at Center of Emefiele’s Trial Spark Forensic Dispute
The Economic and Financial Crimes Commission (EFCC) has been accused of obstructing a court-ordered forensic examination of a mobile phone and WhatsApp chats central to the $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele.
At Tuesday’s hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, Emefiele’s lead counsel, Mr. Olalekan Ojo (SAN), alleged that the EFCC had twice frustrated the court’s directive for the forensic process to proceed.
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Emefiele is facing a 19-count charge bordering on receiving gratification and corrupt demands, while his co-defendant, Mr. Henry Omoile, faces a three-count charge related to the unlawful acceptance of gifts. Both men are accused of offences involving $4.5 billion and N2.8 billion.
Defence Accuses EFCC of Defying Court Order
Ojo informed the court that despite the presence of both legal teams and the court registrar on September 24 and 25, the forensic examination could not take place due to EFCC’s refusal to grant full access to the iPhone marked “Exhibit E” — the device containing the disputed WhatsApp messages.
“On the first day, EFCC officials claimed the phone could not be fully exposed to the joint forensic team,” Ojo said.
“On the second day, even after the registrar clarified the order, EFCC representatives still failed to produce the phone when Apple’s expert requested it.”
The senior lawyer argued that unrestricted access to the device was crucial for both parties’ forensic experts to carry out their work objectively. He urged the court to issue a fresh directive compelling the EFCC to comply with its earlier order.
EFCC Raises Concerns Over Data Integrity
Responding, EFCC counsel, Mr. Rotimi Oyedepo (SAN), insisted that the initial forensic examination conducted by the defence was “procedurally defective.”
He explained that the defence’s expert did not have a verifiable laboratory or physical office and had conducted parts of the analysis online, which, according to him, could compromise the integrity of the data on the device.
“The implication of their request is that Exhibit E could be altered. The data might auto-sync, compromising its authenticity,” Oyedepo said.
He added that the iPhone had been kept in flight mode and remained untampered with, stressing that any further examination must strictly adhere to recognised forensic standards.
The defence, however, maintained that the WhatsApp messages were crucial to their case and requested that further testimony be suspended until the forensic review was properly completed.
Court Issues Directives to Prevent Further Delays
Justice Oshodi acknowledged the defence’s concerns and directed the prosecution to file its forensic report within 24 hours.
He also ordered both parties to adopt electronic service of documents to prevent unnecessary procedural delays.
The case was adjourned until October 8 for continuation of trial.