COURT ADJOURNS RULING ON EMEFIELE’S FORENSIC REQUEST OVER WHATSAPP EVIDENCE TO SEPTEMBER 15

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By Aishat Momoh. O.

Justice Rahman Oshodi of the Special Offences Court sitting in Ikeja, Lagos, on Tuesday, June 24, 2025, adjourned ruling on an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking a forensic review of WhatsApp messages presented as evidence in his ongoing fraud trial.

Emefiele, who is standing trial alongside his co-defendant, Henry Omoile, on a 19-count charge bordering on alleged money laundering and fraud amounting to \$4.5 billion and ₦2.8 billion, is challenging the authenticity of digital messages extracted from a mobile device tendered by the prosecution.

Through his counsel, Olalekan Ojo, SAN, Emefiele requested the court’s permission to engage a forensic expert to examine both the printed WhatsApp conversations and the mobile device identified as an “iPhone 2” from which they were obtained.

Opposing the application, prosecution counsel, C. C. Okezie, argued that under the rules of evidence, once a document has been admitted as an exhibit, the court becomes its custodian until the conclusion of the trial. She maintained that the evidence must remain in its original state and format.

Okezie further criticized the defence for failing to name the forensic laboratory, its personnel, or their qualifications. She urged the court to direct the Director of the EFCC’s Forensic Department to select a certified lab for the analysis, with the process conducted under strict supervision.

“In making the order, the Court should ensure the examination is conducted in the presence of a knowledgeable expert nominated by the prosecution,” she said. “There must also be a clear chain of custody to prevent tampering, and the device must be returned to the court immediately after the exercise.”

She also noted the defence’s failure to specify the duration of the proposed forensic examination.

Justice Oshodi subsequently adjourned the matter to September 15, 2025, for ruling on the application.