In a dramatic twist to one of Nigeria’s most sensational white-collar crime trials, former Central Bank Governor Godwin Emefiele yesterday petitioned the Lagos Special Offences Court for leave to engage an independent forensic expert to examine the very handset from which WhatsApp “evidence” was extracted.
The development exposes deep fissures in the Economic and Financial Crimes Commission’s (EFCC) case, raising questions about the authenticity of digital exhibits and the integrity of prosecutorial methods.
A Forensic Challenge to EFCC’s WhatsApp Exhibits
At the heart of the defence’s application is the iPhone 2 device used to generate printouts purporting to show conversations between a Lagos-based businessman and his intermediaries, which allegedly detail payments totalling $17.1 million made to Emefiele via his aide, Monday Osazuwa, between September 2020 and June 2, 2023.
EFCC witness Alvan Gurumnaan testified that these payments were delivered in cash to Emefiele’s residence and handed over to co-defendant Henry Omoile, forming a crucial plank of the prosecution’s narrative.
However, Emefiele’s lead counsel, Olalekan Ojo (SAN), maintained that the defence has been denied the fundamental right to verify whether the printouts genuinely emanate from the handset and whether the conversations remain intact.
“We do not contest the tendering of the printouts,” Ojo emphasised, “but the defence must be allowed to inspect the source device—personally or via a qualified forensic expert—to confirm their authenticity and completeness.”
Prosecutor Rotimi Oyedepo (SAN) objected that such an application was premature without a formal motion, insisting the defence file the requisite papers.
Justice Rahman Oshodi, evidently intrigued by the gravity of the defence’s request, ordered that a formal application be filed for leave to call the forensic expert. The hearing was adjourned to October 7, 8 and 9, 2025.
Cracks in the EFCC’s Case?
The forensic gambit underscores broader concerns about the EFCC’s investigative rigour.
Gurumnaan—an Assistant Commander who has served since 2008—detailed a sweeping probe, citing letters to the CBN, Code of Conduct Bureau and Corporate Affairs Commission, plus interviews with key CBN staff in Abuja and Lagos.
Intelligence reports of “abuse of office, gratification and living above means” had allegedly triggered the inquiry.
Yet, the defence has been met with what some observers describe as “stonewalling” over access to electronic evidence.
Yinka Kotoye (SAN), representing Omoile, reminded the court that the defence’s requests for the device had gone unheeded prior to yesterday’s session.
If WhatsApp chats are to anchor a multi-billion-naira fraud charge, critics argue, due process demands unfettered access to the raw data.
Moreover, doubts have emerged over the veracity of related allegations.
In earlier witness testimonies, ex-aide John Adetola admitted there was no documentary proof of a purported $400,000 transaction and denied any deal with the EFCC for immunity in exchange for testimony, triggering fresh scepticism about the consistency of witness statements.
The Stakes: Reputation, Rule of Law and Public Trust
For Emefiele—once one of the most powerful figures in Nigeria’s financial establishment—these proceedings present existential risks to both his legacy and freedom.
The EFCC alleges that he and Omoile stand accused on 19 counts of money-laundering and fraud totalling approximately $4.5 billion and ₦2.8 billion, including “conferring corrupt advantage” on associates under the Corrupt Practices Act 2000.
Yet the prosecution’s insistence on formalities over substance has irritated legal commentators.
If digital evidence can be rendered inadmissible or fundamentally challenged via forensic analysis, the entire case could pivot on technical grounds.
As the defence ponders its next move, the nation watches to see whether the judiciary will uphold the rule of law or bow to prosecutorial expediency.
Additional reporting from Taiwo Adebowale and Osaigbovo Okungbowa
