A former Governor of the Central Bank of Nigeria, Godwin Emefiele, had urged a Lagos State Special Offences Court in Ikeja to order a forensic examination of WhatsApp conversations between himself and some witnesses in his ongoing trial over allegations of $4.5 billion fraud.
Emefiele argued that the inquiry would clarify the allegations against him and his co-defendant and ensure transparency and accountability throughout the trial.
The Economic and Financial Crimes Commission (EFCC) had arraigned Emefiele and one Henry Omoile before the court on a 26-count charge of accepting gratification, gifts through agents, corruption, and fraudulent property receipt.
He was also accused of conferring a corrupt advantage on his associates contrary to the Corrupt Practices Act 2000.
The defendants, however, pleaded not guilty to the charge.
While moving the application, Emefiele’s lawyer, Olalekan Ojo (SAN), urged the court to allow a forensic expert to examine both the mobile device identified as an “iPhone 2,” used to extract the messages, and the printed chat logs.
Ojo submitted that forensic analysis is crucial to verifying the credibility of the evidence, which is vital to the EFCC’s prosecution of the case.
In opposition, EFCC counsel Chineye Okezie argued that once an exhibit is admitted into evidence, the court assumes custody of the item, which must remain intact until the trial concludes.
Okezie further asserted that the defence has not provided sufficient details about the forensic process, including the laboratory’s name, the qualifications of the personnel conducting the analysis, or the expected duration of the examination.
She stated, “The defendants have not suggested accredited forensic laboratories for the court to consider.”
The lawyer urged the court to allow the EFCC’s Director of Forensics to recommend a suitable laboratory.
Okezie also requested that the court establish provisions to ensure a proper chain of custody and that the forensic analysis be conducted in the presence of a qualified representative nominated by the prosecution.
Justice Rahman Oshodi has adjourned the matter until September 15, 2025, for a ruling on the application.
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