Emefiele Trial: EFCC, Defence Disagree Over Forensic Examination Of Evidence

The Economic and Financial Crimes Commission (EFCC) and the legal team of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, on Tuesday, sought the intervention of a Lagos State Special Offences Court over disagreement on the conduct of forensic examination of some of the evidence tendered before the court.

The trial judge, Justice Rahman Oshodi, had on September 15, 2025, granted permission to Emefiele to engage forensic experts to examine WhatsApp conversations and a mobile device marked “iPhone 2” based on his application.

However, on Tuesday, the lawyer for the former CBN governor, Olalekan Ojo, informed the judge that the forensic examination, which was to be conducted by experts nominated by both the prosecution and defence teams, had failed to proceed due to disagreements over execution modalities.

The EFCC had arraigned Emefiele and one Herry Omoile before the court on a 26-count charge of accepting gratification, accepting 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 of 2000, in a charge filed on April 3, 2024, by the anti-graft agency’s prosecutor, Rotimi Oyedepo (SAN).

The defendants pleaded not guilty to the charge.

When the case was called, Ojo claimed that on September 24 and 25, 2025, the dates fixed for the forensic examination, no progress was made despite the presence of representatives from both parties and the court’s registrar.

Ojo stated that one of the obstacles his team faced was that the EFCC claimed the device could not be made available to the entire team.

The lawyer further explained that on the second day, even though the Registrar clarified that the order specifically allowed for the examination of the phone and WhatsApp, the EFCC representatives did not present the phone when requested by the Apple expert, responding with a “categorical No.”

He, therefore, urged the court to issue a new directive to ensure proper access to the phone and its WhatsApp contents.

In response, the EFCC counsel, Rotimi Oyedepo (SAN), alleged that the initial forensic examination carried out by the defence’s expert was flawed and did not comply with established forensic standards.

Oyedepo claimed that the expert lacked a physical laboratory and a verifiable office, and that he conducted parts of the examination via a live internet connection, thereby risking data compromise.

He stated, “The implication of their request is that Exhibit E may be altered. The data could auto-sync and change the integrity of the exhibit.”

The prosecutor maintained that the iPhone remains in flight mode to ensure that it would not be tampered with.

Oyedepo assured the court of the prosecution’s commitment to transparency, stating, “The prosecution has never, and will never, prevent the defence from accessing the facility. However, the handling of the exhibit must be done properly.”

Justice Oshodi acknowledged their concerns but ruled that they must file written applications to enable him to determine the issues on their merits.

Also, during the proceedings, an EFCC operative, Alvan Gurumnaan, narrated to the court the details of the Commission’s investigations involving Emefiele and his associates, as well as their findings.

Gurumnaan testified that the EFCC had interviewed various individuals, including staff at the CBN and Zenith Bank, as well as others, allegedly involved in shady cash transactions.

He presented multiple WhatsApp conversations (Exhibits P1–P27) that outlined serial cash deliveries allegedly made to the defendants.

The witness claimed that the evidence showed a consistent flow of large sums of foreign currency to the defendants, coordinated via WhatsApp and carried out through intermediaries.

The matter will continue on Wednesday.