In a major legal breakthrough, former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, has secured permission from the Lagos State Special Offences Court in Ikeja to hire independent forensic experts to examine key evidence in his ongoing fraud trial.
Justice Rahman Oshodi granted the order on Monday after Emefiele’s legal team, led by Senior Advocate of Nigeria (SAN) Olalekan Ojo, applied to scrutinize a mobile device and WhatsApp conversations already admitted as exhibits. The device, identified in court as “iPhone 2,” is central to the allegations brought by the Economic and Financial Crimes Commission (EFCC).
According to the defence, the independent examination is necessary to verify the authenticity of the extracted messages and to ensure a fair trial. “We seek the court’s leave to call a forensic expert to review both the device and the printed conversations allegedly linked to our client,” Ojo said.
ALSO READ: Rep. Obi Aguocha Petitions Tinubu Over Nnamdi Kanu’s Critical Health Condition
Emefiele and his co-defendant, Henry Omoile, face 19 charges related to abuse of office, receiving gratification, corruption, and alleged fraudulent property transactions involving $4.5 billion and ₦2.8 billion. The EFCC filed the charges earlier this year.
EFCC Opposes Move but Court Rules in Emefiele’s Favour
Counsel for the EFCC, Chineye Okezie, opposed the application, arguing that exhibits admitted in court must remain in custody until proceedings are complete. She also criticized the defence for not disclosing the name of the forensic laboratory or the qualifications of the personnel who would handle the evidence.
Okezie urged the court to mandate EFCC oversight of the process to maintain the chain of custody. She also suggested that the EFCC’s forensic director select the laboratory and supervise the exercise alongside the prosecution.
Justice Oshodi, however, ruled that the defence has a constitutional right to an independent forensic review, provided safeguards are in place to preserve the evidence.
Court Sets Strict Conditions for Inspection
The judge ordered that the inspection be carried out in the presence of representatives from both parties, with each side allowed to bring one lawyer and one forensic expert. A court official will supervise the exercise, which will take place between 10 a.m. and 2 p.m. on September 24 and 26, 2025.
Oshodi also directed that the “iPhone 2” remain in court custody at all times to protect the integrity of Exhibit E. The trial was adjourned to October 7 and 8 for continuation, with October 9 set for further hearing.
This ruling represents a significant win for Emefiele’s defence team as they prepare to challenge the EFCC’s evidence in the high-profile trial.
