Justice Rahman Oshodi of the Special Offences Court sitting in Ikeja, on Tuesday, adjourned ruling on an application filed by the embattled former Central Bank of Nigeria Governor, Godwin Emefiele, seeking a forensic examination of WhatsApp messages admitted in evidence in his ongoing trial.
Emefiele, through his counsel, Olalekan Ojo, SAN, had prayed the court for leave to engage a forensic expert to examine both the mobile phone described as an “iPhone 2” and the printed WhatsApp conversations extracted from it, which were tendered by the prosecution as evidence.
“My Lord, we are requesting permission to conduct a forensic analysis of the mobile device and the messages extracted therefrom in order to verify their authenticity and integrity.
“It is a critical element of our defence,” Ojo submitted.
However, EFCC’s prosecuting counsel, Chinenye Okezie, objected to the request, arguing that the defence had failed to meet the procedural requirements for such an application.
“The defence has not disclosed the name of the proposed forensic laboratory, nor the qualifications or experience of the personnel who would conduct the examination,” Okezie told the court.
“The defendant has not stated the duration of the forensic exercise,” Okezie said.
She argued that, under the rules of evidence and practice, once an exhibit has been admitted by the court, it becomes the property of the court until the conclusion of the trial.
“My Lord, the documents and the device must remain in the form they were presented to the court.
“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.
She also stated that there must be a proper chain of custody to ensure the device isn’t tampered with and it is returned to the court upon conclusion of the exercise.
“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.
Emefiele is standing trial alongside his co-defendant, Henry Omoile, on a 19-count charge bordering on alleged conspiracy, money laundering, and fraud amounting to $4.5 bn and N2.8 bn.
The charges were brought by the Economic and Financial Crimes Commission.
After listening to the arguments of both counsels, Justice Oshodi adjourned the ruling on the application until September 15, 2025.