The ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, before Justice Rahman Oshodi of the Lagos State Special Offences Court, Ikeja, suffered another setback on Tuesday following a dispute over the forensic examination of a key mobile phone evidence.
The phone, identified as an iPhone 12 and marked as Exhibit E, is central to the prosecution’s case, which includes alleged incriminating WhatsApp conversations. However, the court-ordered forensic examination has stalled due to disagreements between the Economic and Financial Crimes Commission (EFCC) and the defence over how the process should be carried out.
Emefiele’s lead counsel, Olalekan Ojo, SAN, accused the EFCC of obstructing the court’s directive, claiming that the anti-graft agency had twice frustrated the joint forensic exercise scheduled for September 24 and 25, 2025.
“The EFCC said the device cannot be exposed to the entire team,” Ojo told the court, adding that even after the Registrar clarified the court’s order, EFCC officials “categorically refused” to release the phone for examination by the Apple-certified expert.
The defence urged the court to issue a fresh directive allowing unfettered access to the device and its WhatsApp data, arguing that the evidence was crucial to ensuring justice.
Responding, EFCC counsel, Rotimi Oyedepo, SAN, faulted the defence’s approach, alleging that the initial forensic analysis by their expert did not meet professional standards.
According to him, the expert “had no physical laboratory, no verifiable office, and carried out part of the work over a live internet connection,” which he said could compromise the integrity of the data.
Oyedepo maintained that the iPhone had been kept in flight mode to prevent tampering, insisting that the prosecution had not denied the defence access but was only ensuring the evidence was handled properly.
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“The prosecution has never, and will never, prevent the defence from accessing the facility,” he said. “But handling of the exhibit must be done in accordance with forensic standards.”
Following arguments from both sides, Justice Oshodi ordered the prosecution to file its forensic report within 24 hours and directed both parties to adopt electronic service of court documents to avoid further delays.
The judge also allowed the continuation of testimony from EFCC operative Alvan Gurumnaan, who detailed findings from the agency’s investigation linking Emefiele and his co-defendant, Henry Omoile, to multiple cash deliveries coordinated via WhatsApp.
Gurumnaan told the court that the EFCC’s digital analysis revealed a coded financial trail involving messages between a former Executive Assistant to the CBN Governor, John Adetola, and one Eric Eboh, where instructions were given to deliver $400,000 “for Oga.”
He explained that the acronym “PCS,” seen in the chats, stood for “piece” — a coded reference to a unit of ₦1,000.
While some documents dated February 2024 were admitted without objection, defence counsels opposed the admission of others extracted from Adetola’s phone, citing improper certification under the Evidence Act.
After hearing both sides, Justice Oshodi adjourned the case to Thursday, October 9, 2025, for ruling on the admissibility of the disputed digital evidence.
The EFCC is prosecuting Emefiele on 19 counts of receiving gratification, corrupt practices, and abuse of office, while his co-defendant, Omoile, faces three counts of unlawful acceptance of gifts. Both men have pleaded not guilty.
