By Akin Kuponiyi

The Lagos Special Offences High Court, Ikeja, on Monday granted the application of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to subject WhatsApp messages and a mobile device tendered as evidence against him to independent forensic examination.

Emefiele, who is standing trial alongside his associate, Henry Omoile, is facing charges of abuse of office, receiving gratification, accepting gifts through agents, and fraudulent property transactions allegedly involving $4.5 billion and ₦2.8 billion.

In his ruling, Justice Rahman Oshodi held that the defence was entitled to conduct an independent forensic review, provided measures were taken to protect the integrity of the exhibits.

Emefiele’s legal team, led by Senior Advocate of Nigeria (SAN), Olalekan Ojo, had filed the application seeking permission for an independent expert to inspect the mobile device, identified as “iPhone 2,” and verify the authenticity of the WhatsApp conversations already presented in court.

“The defence is seeking the leave of the court to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants,” Ojo argued.

However, counsel to the Economic and Financial Crimes Commission (EFCC), C. C. Okezie, opposed the application, contending that exhibits admitted in evidence are in the custody of the court and must remain intact until the conclusion of trial.

She further argued that the defence failed to disclose the identity of the forensic laboratory or the credentials of the personnel who would handle the device.

Okezie urged the court to direct the EFCC’s Director of Forensic Department to nominate the laboratory and ensure the process was monitored by a prosecution representative to preserve the chain of custody.

Justice Oshodi, in his ruling, directed that the forensic inspection be carried out in the presence of representatives of all parties, with each side allowed to provide not more than one lawyer and one forensic expert.

The exercise, he ordered, would be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26, 2025.

The judge further ruled that the chain of custody of the exhibits must be strictly maintained and that they must remain in the court’s custody at all times.

The case was thereafter adjourned to October 7, 8, and 9, 2025, for continuation of trial.