FORENSIC EXAMINATION OF EMEFIELE’S IPHONE STALLS AS EFCC, DEFENCE CLASH OVER EXECUTION OF COURT ORDER

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By Aishat Momoh. O.

The forensic examination of an iPhone and WhatsApp conversations central to the alleged $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has hit a major setback at the Ikeja Special Offences Court in Lagos.

Justice Rahman Oshodi, who presides over the case, was on Tuesday informed that the examination could not proceed as planned due to disagreements between the Economic and Financial Crimes Commission (EFCC) and the defence over the execution modalities.

Emefiele, alongside his co-defendant, Henry Omoile, faces a 19-count charge of alleged fraud, abuse of office, and corruption.

Defence counsel, Olalekan Ojo, SAN, told the court that the EFCC had blocked two attempts on September 24 and 25, 2025 to carry out the court-ordered forensic analysis of the phone, which had been admitted as “Exhibit E”.

Ojo accused the EFCC of frustrating the process by refusing to grant full access to the forensic experts from both sides.

“The first brick wall we faced was that the EFCC said the device could not be exposed to the entire team,” Ojo said, adding that on the second day, the commission’s representatives refused to produce the phone when the Apple expert requested it, despite the presence of the court registrar.

He urged the court to issue a fresh directive to ensure unfettered access to the device, describing the EFCC’s actions as a deliberate obstruction.

Responding, EFCC counsel Rotimi Oyedepo, SAN, countered that the defence’s earlier forensic process was **flawed and substandard, alleging that the defence expert had no certified laboratory and conducted part of the analysis over a live internet connection, risking data compromise.

He warned that mishandling the exhibit could alter the data integrity, stressing that the iPhone remained in flight mode to prevent tampering.

“The prosecution has never, and will never, prevent the defence from accessing the exhibit. But handling must follow proper forensic procedures,” Oyedepo stated.

However, Ojo and co-defence counsel A. Kotoye, SAN, argued that the court should suspend further proceedings until the forensic analysis is completed, insisting that the WhatsApp messages were crucial to their defence.

Justice Oshodi, after hearing both sides, directed the prosecution to file its forensic report within 24 hours but allowed the prosecution to continue its witness testimony, noting that the witness had travelled from Abuja for the session.

He also ordered both parties to adopt electronic service of documents going forward to prevent delays.

During the resumed hearing, EFCC operative Alvan Gurumnaan testified as the prosecution’s witness, recounting details of cash deliveries allegedly linked to Emefiele and his associates.

Gurumnaan said the investigation involved multiple interviews with staff from the CBN, Zenith Bank, and other financial institutions. He tendered WhatsApp chats (Exhibits P1–P27) purportedly showing the coordination of large foreign currency transactions.

The case was adjourned to October 8 and 9, 2025, for continuation of trial.

Emefiele and Omoile have both pleaded not guilty to all charges.