EFCC has been accused of blocking court-ordered forensic review in Emefiele’s $4.5 billion fraud trial.
NewsOnline Nigeria reports that the Economic and Financial Crimes Commission (EFCC) has been accused of frustrating a court-ordered forensic examination of a mobile phone and WhatsApp messages central to the ongoing $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
During Tuesday’s proceedings before Justice Rahman Oshodi of the Ikeja Special Offences Court, Emefiele’s lead counsel, Olalekan Ojo (SAN), alleged that EFCC operatives had twice obstructed the forensic process, in direct violation of a judicial directive.
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Emefiele is currently facing a 19-count charge bordering on gratification and corrupt practices, while his co-defendant, Henry Omoile, faces three counts related to the unlawful acceptance of gifts. Both are accused of offences involving a combined $4.5 billion and ₦2.8 billion.
Defence: EFCC Defied Court’s Directive
Ojo told the court that despite the presence of both legal teams and the court registrar on September 24 and 25, the joint forensic examination failed to take place because of the EFCC’s refusal to grant full access to the iPhone labeled “Exhibit E”, which contains 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 still failed to produce the phone when Apple’s expert requested it.”
The senior advocate argued that unrestricted access to the device was vital for both parties’ forensic experts to conduct a transparent and objective analysis. He therefore urged the court to issue a fresh order compelling EFCC’s compliance.
EFCC: Defence Forensic Process Flawed
Responding, EFCC counsel Rotimi Oyedepo (SAN) dismissed the allegations, insisting that the initial forensic review carried out by the defence was “procedurally defective.”
Oyedepo argued that the defence expert had no verifiable physical laboratory or professional accreditation and conducted parts of the examination online, potentially compromising the data integrity of the device.
“The implication of their request is that Exhibit E could be altered. The data might auto-sync, thereby affecting its authenticity,” Oyedepo said.
“The iPhone remains in flight mode and untampered with. Any further examination must comply with internationally recognised forensic standards.”
The prosecution maintained that protecting the integrity of the data was crucial, while the defence insisted that the WhatsApp chats in question formed a critical element of their case.
Court Orders Fresh Directives
After hearing both sides, Justice Oshodi acknowledged the defence’s concerns and directed the EFCC to file its forensic report within 24 hours. He further ordered both parties to adopt electronic service of documents to prevent further procedural delays.
The case was adjourned until October 8, 2025, for continuation of the trial.
Key Witness Admits No Record of $400,000 Payment
Earlier in May, a former aide to Emefiele, John Adetola, testified that he did not document a $400,000 payment he allegedly delivered to his ex-boss.
Speaking as the seventh prosecution witness, Adetola admitted under cross-examination that he neither kept receipts nor provided WhatsApp chats or call records confirming that Emefiele was aware of the payment.
The absence of such evidence has made the contents of Exhibit E — the iPhone — central to the defence’s argument, as it purportedly contains conversations capable of disproving elements of the prosecution’s case.
As the high-profile trial resumes, legal analysts believe the dispute over the phone’s forensic review could become a turning point in one of Nigeria’s most closely watched corruption cases, potentially affecting the admissibility of key digital evidence.
