The defence counsel for former Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele, has accused the Economic and Financial Crimes Commission (EFCC) of obstructing a court-ordered forensic examination of an iPhone and WhatsApp messages central to the ongoing $4.5 billion fraud trial.
At Tuesday’s hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, Emefiele’s lead counsel, Mr. Olalekan Ojo (SAN), alleged that the EFCC had twice frustrated compliance with the forensic order, preventing experts from conducting a full analysis of the evidence.
Ojo told the court that despite the presence of both legal teams and the court’s registrar on September 24 and 25, EFCC officials “refused full access” to the iPhone marked Exhibit E. He claimed that investigators failed to present the device when requested by Apple’s forensic expert, despite the court’s explicit directive.
“On the first day, EFCC officials claimed the phone could not be exposed to the joint forensic team. On the second day, even after clarification from the registrar, EFCC representatives still withheld the phone,” Ojo stated.
He urged the court to issue a new directive compelling EFCC’s compliance, arguing that full forensic access was vital to ensure transparency and fairness.
In response, EFCC counsel, Mr. Rotimi Oyedepo (SAN), said the defence’s initial examination was “procedurally defective,” alleging that it was done by an expert without a verifiable laboratory, which could compromise data integrity.
“The implication of their request is that Exhibit E could be altered. The iPhone remains in flight mode and untampered with, and any examination must follow recognised forensic standards,” Oyedepo maintained.
Justice Oshodi directed the prosecution to file its forensic report within 24 hours and ordered both sides to exchange documents electronically to prevent further delay. The case was adjourned to October 8 for continuation of trial
