Court Approves Emefiele’s Request For Forensic Review Of WhatsApp Chats, iPhone Evidence

The Special Offences Division of the Lagos High Court in Ikeja has allowed former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to hire forensic experts to examine a mobile device labeled “iPhone 2” and WhatsApp messages submitted as evidence in his ongoing trial.

Justice Rahman Oshodi said Emefiele has the right to an independent forensic review, provided that steps are taken to preserve the integrity of the evidence.

The judge ordered that the examination be done in the presence of all parties’ representatives, with each side allowed only one lawyer and one forensic expert.

The court also set the dates for the inspection between 10 a.m. and 2 p.m. on September 24 and 26, 2025, under the supervision of a court official.

Godwin Emefiele, who faces 19 charges along with co-defendant Henry Omoile, is accused of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions involving $4.5 billion and N2.8 billion.

At the June 24, 2025, hearing, shortly before the court’s annual vacation, Emefiele, through his lead lawyer, Senior Advocate Olalekan Ojo, challenged the authenticity of the digital evidence presented by the Economic and Financial Crimes Commission (EFCC).

He said a forensic expert was needed to confirm whether the messages and device were genuine.

Ojo argued that verifying the evidence was crucial to the defense, saying: “The defence is seeking the leave of the court to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants. It is a critical element of our defence.”

The EFCC opposed the application through its lawyer, Chinenye Okezie, arguing that the defense had not met procedural requirements and had failed to provide details about the proposed forensic process, such as the lab, the qualifications of personnel, or the expected duration of the examination.

She added that once evidence is admitted, it remains under the court’s custody and must not be tampered with.

“The defendants have not offered any options of accredited forensic labs for the court to consider. We urge the court to direct the Director of the Forensic Department of the Commission to nominate a certified forensic laboratory if the application is to be granted,” Okezie added.

Okezie suggested that if the court approves the forensic review, a certified lab should be nominated by the EFCC and that proper chain-of-custody procedures should be followed to protect the device.

“Any examination should be conducted in the presence of a qualified expert to be nominated by the prosecution. This is to prevent any tampering and to guarantee the integrity of the process,” Okezie added.

In his ruling, Justice Oshodi held that Exhibit E (“iPhone 2”) must be preserved and that the exhibit must remain in the court’s custody at all times.

The court adjourned the trial to October 7 and 8, 2025, for continuation, with October 9 set for the testimony of the alleged victim.

KanyiDaily recalls that a Federal Capital Territory High Court in Abuja recently granted N2bn bail to Godwin Emefiele, who is also charged with allegedly acquiring a housing estate with 753 units through illegal means.