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Emefiele’s Fraud Trial Stalls as Defence, EFCC Clash Over Forensic Access to iPhone Evidence

The fraud trial of former CBN Governor Godwin Emefiele stalled in Lagos after his lawyers accused the EFCC of blocking a joint forensic analysis of an iPhone containing key WhatsApp evidence

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  • The fraud trial of former CBN Governor Godwin Emefiele stalled in Lagos after his lawyers accused the EFCC of blocking a joint forensic analysis of an iPhone containing key WhatsApp evidence, a claim the prosecution strongly denied.

The fraud trial of former CBN Governor Godwin Emefiele stalled in Lagos after his lawyers accused the EFCC of blocking a joint forensic analysis of an iPhone containing key WhatsApp evidence, a claim the prosecution strongly denied.

The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, on allegations of fraud suffered a setback on Tuesday following a dispute over the forensic examination of a mobile phone and WhatsApp chats tendered as evidence.

At the resumed hearing before Justice Rahman Oshodi of the Special Offences Division of the Lagos High Court in Ikeja, counsel to the first defendant, Olalekan Ojo (SAN), accused the Economic and Financial Crimes Commission (EFCC) of deliberately obstructing a joint forensic analysis of the device, tagged “iPhone 2.”

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Ojo told the court that despite the presence of both parties and the court registrar on the scheduled dates—September 24 and 25, 2025—the process could not proceed.

“The first brick wall we faced was that the EFCC said the device cannot be exposed to the entire team,” Ojo stated, adding that even after the registrar clarified that the court order mandated examination of the phone and its WhatsApp contents, the EFCC team still failed to produce the device when requested by the Apple expert.

He urged the court to issue a fresh order granting “unfettered access” to both parties’ experts, stressing that the forensic review was crucial to verifying the authenticity of the WhatsApp messages relied upon by the prosecution.

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Prosecution Denies Blocking Access
In response, prosecution counsel Rotimi Oyedepo (SAN) denied obstructing the process, arguing instead that the defence’s earlier analysis was flawed.

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According to him, the defence expert lacked a proper laboratory, had no verifiable office, and allegedly conducted parts of the review online—posing risks of data compromise.

“The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit,” Oyedepo warned, insisting that the iPhone had been placed on flight mode to safeguard its contents.

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Court’s Ruling
Both defence counsel—Ojo, representing Emefiele, and Adeyinka Kotoye (SAN), representing co-defendant Henry Omoile—urged the court to halt testimony until the forensic review is concluded.

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Justice Oshodi, while acknowledging their concerns, directed the EFCC to file its forensic report within 24 hours but allowed the prosecution witness to proceed with testimony, noting that the witness had travelled from Abuja for the hearing.

The judge also ordered both parties to adopt electronic service of documents to prevent further procedural delays.

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Background of the Case
Emefiele is facing 19 counts bordering on alleged gratification, corrupt practices, and abuse of office. His co-defendant, Omoile, faces three separate counts of unlawful acceptance of gifts. Both have pleaded not guilty.

At Tuesday’s session, EFCC operative Alvan Gurumnaan resumed his testimony, narrating that investigations linked Emefiele and his associates to multiple cash deliveries allegedly arranged through WhatsApp communications. Gurumnaan presented several WhatsApp records (Exhibits P1 to P27), said to detail large foreign currency transactions coordinated via intermediaries.

Justice Oshodi adjourned the matter to October 8 and 9, 2025, for continuation of trial.

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