Alleged $4.5bn fraud: Court clears Emefiele for forensic review of EFCC’s evidence

The Special Offences Division of the Lagos High Court in Ikeja has granted the application of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to engage independent forensic experts to scrutinise critical digital evidence presented against him by the Economic and Financial Crimes Commission (EFCC) in his ongoing corruption trial.

Delivering the ruling on Monday, Justice Rahman Oshodi held that Emefiele, who is standing trial alongside his co-defendant Henry Omoile, has the right to independently verify the integrity and authenticity of the evidence being used by the prosecution.

The evidence in question includes WhatsApp conversations and a mobile device, marked as Exhibit E (iPhone 2), which the EFCC has tendered in support of its case.

Justice Oshodi emphasised that while the defendant is entitled to such a forensic review, strict safeguards must be observed to maintain the chain of custody and prevent any tampering.

The judge ordered that the inspection process must be conducted in the presence of representatives of all parties involved, including one lawyer and one forensic expert per party. A court official will also supervise the exercise.

The court further fixed September 24 and 26, 2025, between 10:00 a.m. and 2:00 p.m., for the forensic examination to take place.

“The defendant has the right to verify the evidence against him, but the integrity of the process must be preserved at all times.

“The chain of custody for Exhibit E must not be broken and the device must remain in the court’s custody,” Justice Oshodi ruled.

Emefiele, who served as CBN governor between 2014 and 2023, is facing a 19-count charge bordering on abuse of office, corruption, receiving gratification, fraudulent property transactions, and the alleged illegal handling of $4.5 billion and ₦2.8 billion.

At a previous court session on June 24, 2025, just before the court went on annual vacation, Emefiele’s lead counsel, Olalekan Ojo (SAN), challenged the authenticity of the digital messages presented by the EFCC.

He argued that an independent forensic analysis was critical to confirm whether the WhatsApp conversations and other digital records were genuine.

“My Lord, we are requesting permission to conduct a forensic analysis of the mobile device and the extracted messages to verify their authenticity and integrity.

“This is a critical element of our defence,” Ojo submitted.

However, EFCC counsel Chinenye Okezie opposed the application, arguing that the defence had failed to meet procedural requirements.

She pointed out that once an exhibit is admitted into evidence, it must remain in court custody without alteration until the trial concludes.

Okezie also faulted the defence for failing to specify the name of the forensic lab, its accreditation status, or the qualifications of the personnel to conduct the analysis.

“The defendants have not provided adequate details about the proposed forensic process.

“If this application is to be granted, we urge the court to ensure a proper chain of custody and to require that the EFCC nominate a certified forensic laboratory,” she said.

During earlier proceedings on May 27, 2025, the EFCC’s eighth prosecution witness, Alvan Gurumnaan, testified that Emefiele allegedly received $17.1 million in cash over three years through a proxy.

Gurumnaan detailed how the transactions were allegedly carried out and confirmed that related documents had been tendered as evidence before the court.

Following this testimony, Emefiele’s legal team expressed readiness to subject all EFCC documents and exhibits to independent forensic inspection.

The court adjourned the matter to October 7 and 8, 2025, for continuation of trial and October 9, 2025, for the testimony of the alleged victim.

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