Emefiele Trial Stalls As EFCC And Defence Clash Over Forensic Test

The trial of former Central Bank of Nigeria governor, Godwin Emefiele, over an alleged $4.5 billion fraud has again hit a deadlock following a dispute between the Economic and Financial Crimes Commission and the defence team on how to conduct a court-ordered forensic test on a key mobile phone.

At the resumed hearing before Justice Rahman Oshodi of the Ikeja Special Offences Court, both sides blamed each other for the failure of the examination, which was scheduled to take place on September 24 and 25, 2025.

Emefiele and his co-defendant, Henry Omoile, are facing a 19-count charge bordering on fraud, corruption, and abuse of office. Among the pieces of evidence tendered by the EFCC is an iPhone 12, marked “iPhone 2,” containing WhatsApp messages that prosecutors claim are linked to the alleged fraud. The court had directed that the device be subjected to a forensic test by experts from both sides to confirm the authenticity of the messages.

Emefiele’s lawyer, Olalekan Ojo, SAN, told the court that the forensic exercise could not go on because the EFCC prevented full access to the phone. He said that even in the presence of representatives from the defence, prosecution, and the court registrar, the EFCC refused to release the device for proper analysis despite a clear court order allowing it.

Ojo argued that the commission’s conduct amounted to disobedience of the court and asked for a fresh directive compelling the EFCC to provide unrestricted access to the phone and its contents.

However, EFCC counsel, Rotimi Oyedepo, SAN, denied the allegation, saying the defence team violated forensic protocols by connecting the phone to the internet during the test. He warned that such action could alter or corrupt the data stored on the device. Oyedepo insisted that the EFCC was committed to transparency but would not compromise the integrity of the evidence by allowing unprofessional handling.

The defence team, led by Ojo and A. Kotoye, SAN, urged the court to suspend further proceedings until the forensic test is completed, noting that the WhatsApp messages form a crucial part of their case.

Justice Oshodi, after listening to both parties, ordered the EFCC to submit its own forensic report within 24 hours. He, however, allowed the prosecution to continue presenting its witness, who had travelled from Abuja for the session.

The judge further directed both the EFCC and the defence to adopt electronic filing and service of documents in the ongoing case to prevent further delays in the high-profile trial.