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$4.5bn fraud: Court permits Emefiele to examine iPhone evidence

The Special Offences Court in Ikeja, Lagos State, has permitted the former Governor of the Central Bank of Nigeria, Godwin Emefiele, to hire forensic specialists to analyze WhatsApp chats and a mobile phone identified as “iPhone 2,” which has been presented as evidence in his ongoing trial concerning a fraud amounting to $4.5 billion and N2.8 billion.

Justice Rahman Oshodi made this decision after Emefiele’s lead attorney, Olalekan Ojo (SAN), requested permission for an independent forensic expert to inspect the device and confirm the validity of the WhatsApp messages that have already been accepted as exhibits.

Ojo informed the court, “The defense is requesting the court's permission to enlist a forensic expert to examine both the mobile device and the printed messages supposedly associated with the defendants.”

Emefiele, along with his co-defendant, Henry Omoile, faces 19 charges relating to misconduct in office, receiving bribes, corruption, and fraudulent transactions involving $4.5 billion and N2.8 billion. The Economic and Financial Crimes Commission (EFCC) has filed these charges against them.

However, EFCC attorney Chineye Okezie opposed the request, arguing that the admitted exhibits should remain securely within the court’s jurisdiction until the conclusion of the trial.

Okezie also criticized the defense for not revealing the name of the forensic lab or the credentials of the personnel who would handle the device. She urged the court to require the EFCC’s Director of Forensic Department to choose the laboratory, ensure that a representative from the prosecution oversees the process, and maintain the chain of custody.

Justice Oshodi ruled that the defense is entitled to an independent forensic review, provided certain safeguards are implemented to uphold the integrity of the evidence. He instructed that the examination be performed in the presence of representatives from all sides, allowing each side to bring one lawyer and one forensic expert. A court representative will supervise the process, which is to occur between 10 a.m. and 2 p.m. on September 24 and 26, 2025.

The judge further ordered that the chain of custody for Exhibit E (iPhone 2) must be maintained and that the device should always remain under the court’s control. The trial was postponed until October 7 and 8, 2025, for its continuation, and October 9, 2025, for further hearings.

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