The Economic and Financial Crimes Commission (EFCC) has been accused of obstructing the 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 obstructed the court-ordered forensic process, thereby frustrating compliance with a judicial directive.
Emefiele faces a 19-count charge of receiving gratification and corrupt demands, while his co-defendant, Mr. Henry Omoile, faces a three-count charge relating to the unlawful acceptance of gifts.
Both are accused of offences involving $4.5 billion and N2.8 billion.
Ojo told the court that despite the presence of both legal teams and the court’s registrar on September 24 and 25, the forensic exercise could not proceed because of EFCC’s resistance.
According to him, EFCC officials initially refused full access to the iPhone marked “Exhibit E” — the device containing the WhatsApp messages in dispute.
“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.”
Ojo argued that unrestricted access to the device was essential for both parties’ forensic experts to perform their duties objectively.
He therefore urged the court to issue a fresh directive to compel EFCC’s compliance.
In response, EFCC Counsel, Mr. Rotimi Oyedepo (SAN), maintained that the initial forensic examination conducted by the defence was “procedurally defective.”
He argued that the defence expert lacked a verifiable laboratory or physical office and had performed parts of the analysis online, which 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.
“The iPhone remains in flight mode and untampered with, and any examination must follow recognised forensic standards.”
The defence, however, countered that the WhatsApp messages were critical evidence to their case and requested the suspension of further testimony until the forensic review was completed.
Justice Oshodi acknowledged the defence’s concerns and directed the prosecution to file its forensic report within 24 hours.
Justice Oshodi acknowledged the defence’s concerns and directed the prosecution to file its forensic report within 24 hours.
He further ordered both sides to adopt electronic service of documents to avoid further procedural delays.
The case was adjourned until October 8 for the continuation of the trial.
Despite his earlier testimony stating that he handed over the money to Emefiele, Adetola admitted that he did not present any WhatsApp chat or phone records to the EFCC, proving that he had informed Emefiele about the transaction.