Emefiele Fraud Trial Stalled by Forensic Examination Dispute

The ongoing fraud trial of former Central Bank of Nigeria (CBN) Governor Godwin Emefiele has encountered significant delays due to a dispute over the forensic examination of an iPhone, which is considered crucial evidence. The trial, which involves allegations of fraud and abuse of office amounting to $4.5 billion, faced complications during a recent court session held at the Ikeja Special Offences Court in Lagos.

During the proceedings before Justice Rahman Oshodi, the defence counsel, Olalekan Ojo, Senior Advocate of Nigeria (SAN), informed the court that the joint forensic analysis of the iPhone and its WhatsApp conversations could not proceed as planned. This standstill arose from disagreements between the Economic and Financial Crimes Commission (EFCC) and the defence over the execution of a court order for the examination.

Ojo explained that the examination, which had been scheduled for September 24 and 25, 2025, was attended by representatives from both parties along with the court registrar. However, the EFCC allegedly restricted access to the device, leading to the abandonment of the analysis. Ojo stated, “The first brick wall we faced was that the EFCC said the device could not be exposed to the entire team.”

On the second day, despite clarifications regarding the court’s order, EFCC representatives reportedly refused to produce the device when requested by the Apple expert involved in the analysis. “We were met with a categorical ‘No,’” Ojo added, urging Justice Oshodi to issue a new directive to compel the EFCC to comply fully with the previous order.

In response, EFCC counsel Rotimi Oyedepo, SAN, argued that the initial forensic attempt by the defence was flawed, claiming the expert lacked proper facilities and had conducted parts of the analysis online. “The implication of their request is that Exhibit E (iPhone) may be altered. The data could auto-sync and affect the integrity of the exhibit,” he contended. Oyedepo assured the court that the device was on flight mode to preserve its integrity and emphasized that the prosecution had not obstructed access, but insisted on adherence to proper handling procedures.

The defence counsel urged the court to suspend further witness testimony until the forensic analysis is completed, arguing that the WhatsApp conversations are vital to their case. In a brief ruling, Justice Oshodi acknowledged these concerns but allowed the prosecution to continue presenting its case. He directed the prosecution to file its forensic report within 24 hours and noted that the witness had traveled from Abuja for the proceedings.

The prosecution subsequently called its next witness, Alvan Gurumnaan, an operative of the EFCC, who testified about multiple cash deliveries allegedly made to Emefiele and his associates. Gurumnaan shared details of the investigation, which included interrogating several employees of the CBN, Zenith Bank, and other financial institutions linked to the transactions. He introduced several WhatsApp exchanges, marked as Exhibits P1 to P27, which purportedly document foreign currency transfers coordinated via the messaging platform.

As the trial continues, Justice Oshodi has scheduled further hearings for October 8 and 9, 2025. Emefiele is facing 19 counts related to corruption and abuse of office, while his co-defendant, Henry Omoile, is charged with three counts concerning the unlawful acceptance of gifts. Both defendants have pleaded not guilty.

The ongoing developments in this high-profile case underscore the complexities involved in legal proceedings and the pivotal role that digital evidence plays in modern trials.