The Economic and Financial Crimes Commission (EFCC) has been accused of obstructing a 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, Godwin Emefiele.
At Tuesday’s proceedings before Justice Rahman Oshodi of the Ikeja Special Offences Court, Emefiele’s Lead Counsel, Olalekan Ojo (SAN), alleged that the EFCC had twice frustrated compliance with the court’s directive by resisting access to the device in question.
Emefiele is facing a 19-count charge bordering on gratification and corrupt demands, while his co-defendant, Henry Omoile, faces three counts related to the unlawful acceptance of gifts. The offences involve alleged sums of $4.5 billion and N2.8 billion.
Defence Accuses EFCC of Defying Court Order
Ojo told the court that despite the presence of both legal teams and the court’s registrar on September 24 and 25, the forensic process failed to proceed due to what he described as EFCC’s “resistance and obstruction.”
“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 court’s order, EFCC representatives still failed to produce the phone when Apple’s expert requested it.”
He said the iPhone, marked “Exhibit E”, contains WhatsApp messages that are crucial to the defence, and that unrestricted access was necessary for a credible forensic review.
The senior lawyer therefore urged the court to issue a fresh directive compelling EFCC’s compliance.
EFCC Raises Concerns Over Data Integrity
In response, EFCC Counsel, Rotimi Oyedepo (SAN), argued that the earlier forensic analysis conducted by the defence was procedurally flawed and potentially compromised.
He said the defence expert lacked a verified forensic laboratory or physical office, and allegedly performed portions of the analysis online — a practice that, according to him, could alter or sync the phone’s data.
“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 countered that the WhatsApp messages were material evidence and asked that further witness testimony be suspended until the forensic review was completed.
Court Orders Fresh Steps to Prevent Delays
Justice Oshodi acknowledged the concerns raised by the defence and ordered the prosecution to file its forensic report within 24 hours.
He also directed both sides to exchange documents electronically to prevent further procedural delays.
The case was adjourned to October 8 for continuation of trial.
Background
In earlier proceedings, an aide to Emefiele, John Adetola, testified that he delivered $400,000 to the former CBN Governor but admitted under cross-examination that he kept no records or WhatsApp chats to substantiate the transaction.
Adetola, who appeared as the seventh prosecution witness, had told the court that the money was delivered in cash, without any documentation or electronic communication confirming the transaction.
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