A Lagos High Court sitting in Ikeja has fixed September 15 for ruling on an application filed by former Central Bank of Nigeria (CBN) Governor Godwin Emefiele seeking a forensic examination of WhatsApp messages tendered in court by the Economic and Financial Crimes Commission (EFCC).
Emefiele, who served as CBN governor from June 2014 until his suspension by President Bola Tinubu in June 2023, is standing trial alongside Henry Omoile on a 19-count charge bordering on alleged fraud, conspiracy and receiving gratification running into $4.5 billion and N2.8 billion.
At the hearing on Tuesday, Emefiele’s counsel, Olalekan Ojo, asked the court to allow a forensic expert to examine a mobile device referred to as “iPhone 2” and the printed WhatsApp conversations admitted as evidence.
“My Lord, we are requesting permission to conduct a forensic analysis of the mobile device and the messages extracted therefrom in order to verify their authenticity and integrity. It is a critical element of our defence,” Ojo told the court.
However, EFCC counsel Chinenye Okezie opposed the application, arguing that the mobile phone and printed WhatsApp messages were already exhibits in the case.
“The defence has not disclosed the name of the proposed forensic laboratory, nor the qualifications or experience of the personnel who would conduct the examination. The defendant has not stated the duration of the forensic exercise,” she said.
Okezie asked the court to direct the forensic department of the EFCC to nominate a certified forensic lab for the exercise.
“We urge the court to direct the Director of the Forensic Department in the Commission to nominate a certified forensic laboratory. Any examination should be conducted in the presence of a qualified expert to be nominated by the prosecution. There should be proper chain of custody,” she added.
Justice Rahman Oshodi adjourned ruling on the application till September 15.
Emefiele was arrested by the Department of State Services (DSS) in June 2023 following his suspension and later transferred to the EFCC, which charged him with multiple offences.
His trial is one of the high-profile corruption cases under the current administration.