EFCC, Defence Clash Over Forensic Process In Emefiele’s $4.5bn Fraud Trial

The trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, suffered another setback on Tuesday following a dispute between the Economic and Financial Crimes Commission (EFCC) and the defence team over the modalities for conducting a forensic examination of a mobile phone tendered as evidence.

The disagreement unfolded before Justice Rahman Oshodi of the Special Offences Division of the Lagos High Court in Ikeja, where the judge was expected to receive updates on the forensic inspection of an iPhone referred to as “iPhone 2” in the case.

Defence counsel, Olalekan Ojo (SAN), representing Emefiele, informed the court that the EFCC had allegedly obstructed the joint forensic analysis ordered earlier by the court. He said that despite the presence of both parties and the court registrar on the agreed dates, September 24 and 25, the forensic process could not commence.

Ojo explained that the EFCC’s representatives had refused to grant full access to the messages on the mobile device, contrary to the court’s directive for an open examination involving both sides and their technical experts. He argued that the refusal undermined the integrity of the evidence and urged the court to issue a new order guaranteeing “unfettered access” for all parties.

EFCC Raises Concerns Over Data Integrity

Responding to the allegations, prosecution counsel, Rotimi Oyedepo (SAN), dismissed the claims of obstruction and instead faulted the procedure adopted by the defence. He maintained that the defence’s earlier forensic analysis failed to meet acceptable standards and risked compromising the integrity of the digital evidence.

According to Oyedepo, the defence expert lacked a physical laboratory or verifiable address and allegedly conducted part of the analysis online, raising data security concerns. The prosecutor warned that further handling of the device could alter its content, stressing that “Exhibit E may be altered” if subjected to repeated access.

He explained that the iPhone was being kept on flight mode to prevent data syncing or automatic updates that could distort the original content. Oyedepo assured the court that the EFCC was open to transparency, but insisted that any forensic process must adhere to professional standards to maintain evidential value.

While both defence counsels, Ojo and Adeyinka Kotoye (SAN), representing the second defendant, Henry Omoile, urged the court to suspend further testimonies until the forensic examination was completed, the prosecution maintained that the trial should proceed to avoid unnecessary delay.

Judge Orders Electronic Service Of Documents

In his ruling, Justice Oshodi directed the prosecution to submit its forensic report within 24 hours but allowed the EFCC’s witness to continue testifying, noting that the witness had travelled from Abuja for the proceedings. He also ordered both parties to adopt electronic service of court documents to prevent procedural delays that have repeatedly stalled the trial.

The EFCC is prosecuting Emefiele on 19 counts bordering on alleged gratification, corrupt practices, and abuse of office. His co-defendant, Omoile, faces three additional counts related to the unlawful acceptance of gifts. Both defendants have pleaded not guilty.

Following the ruling, the prosecution’s witness, Alvan Gurumnaan, an EFCC operative, resumed his testimony. He told the court that investigations revealed several cash transactions and deliveries allegedly linked to Emefiele and his associates. Gurumnaan said these transactions were traced through WhatsApp communications and corroborated by testimonies from officials of the CBN and Zenith Bank.

He also presented multiple digital records marked as Exhibits P1 to P27, which, according to him, documented foreign currency transactions allegedly coordinated through intermediaries connected to the defendants.

Justice Oshodi adjourned the matter to October 8 and 9, 2025, for the continuation of trial.