The Lagos State Special Offences Court in Ikeja has ruled in favor of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, by granting his application to engage a forensic expert in his ongoing $4.5bn fraud trial.
Justice Rahman Oshodi delivered the decision on Monday, allowing the Emefiele’s defence team to independently inspect and verify WhatsApp conversations and a mobile device tendered as crucial evidence in the case.
Emefiele is standing trial alongside his co-defendant, Henry Omoile, on 19 counts bordering on abuse of office, gratification, corruption, and fraudulent property transactions linked to $4.5bn and ₦2.8bn.
The charges were filed by the Economic and Financial Crimes Commission (EFCC), which has consistently opposed defence efforts to question the credibility of key exhibits.
Lead counsel for the former CBN governor, Olalekan Ojo (SAN), argued that it was necessary to engage an independent forensic expert to examine both the iPhone device and the WhatsApp conversations already admitted as evidence.
“The defence seeks the court’s leave to call a forensic expert to assess the mobile device and verify the printed conversations allegedly linked to the defendants,” Ojo told the court.
According to him, the credibility of the alleged WhatsApp chats forms a central pillar of the prosecution’s case, hence independent verification was essential to guarantee fairness.
However, the EFCC counsel, Chineye Okezie, opposed the application, insisting that the evidence—marked as Exhibit E—should remain under the strict custody of the court until the trial is concluded.
Okezie further argued that the defence failed to disclose the name of the forensic laboratory or the qualifications of the experts expected to handle the examination.
“The integrity of the chain of custody is paramount in a case of this magnitude,” she stressed. “Any independent review must be supervised to prevent tampering.”
The EFCC also requested that if the court must allow an examination, the process should be overseen by its Director of Forensics, with prosecution representatives present at all times.
Delivering his ruling, Justice Oshodi held that while the EFCC’s concerns were valid, the law entitled the defendants to an independent forensic review.
He ordered that the inspection be conducted under strict safeguards to ensure transparency.
According to the judge, the exercise will be carried out on September 24 and 26, 2025, between 10 a.m. and 2 p.m. at the court premises.
He ruled that each party may bring only one lawyer and one forensic expert, while a court representative must supervise the process.
Importantly, the judge directed that the iPhone remain in the court’s custody at all times, preserving the chain of custody.
“The defendants are entitled to subject the evidence to forensic scrutiny, provided it is done within the bounds of law and fairness,” Justice Oshodi said.
Emefiele, who served as CBN governor for nearly a decade, was arrested and arraigned in connection with allegations of massive financial misconduct during his tenure.
The $4.5bn fraud case and related ₦2.8bn charges revolve around claims of illegal gratification, abuse of office, and questionable property transactions.
Emefiele’s trial has drawn widespread public attention, given the high-profile nature of his office and the scale of the alleged fraud.
Legal analysts say the introduction of forensic evidence may play a decisive role in either substantiating or weakening the prosecution’s case.
The matter has been adjourned to October 7 and 8, 2025, for continuation, with October 9, 2025 set aside for further hearing.
Observers note that the upcoming forensic inspection could become a turning point in the Emefiele’s trial, shaping how the evidence will be interpreted.
For Emefiele, the court’s approval to engage an independent forensic expert represents a significant victory in his defence strategy.
Emefiele, legal team is expected to use the findings to challenge the authenticity of the WhatsApp conversations allegedly linking him to the fraudulent transactions.
On the other hand, the EFCC maintains confidence in its case, stressing that due process has been followed in obtaining and presenting the exhibits.
The ruling underscores the judiciary’s balancing act between safeguarding the integrity of evidence and protecting the constitutional rights of defendants.
It also signals the importance of forensic science in Nigeria’s judicial process, especially in high-profile financial crime cases.
As the $4.5bn fraud trial continues, Nigerians will be closely watching whether the forensic review vindicates Emefiele’s position or strengthens the prosecution’s claims.
With billions of dollars at stake and the reputation of the former apex bank governor on the line, the case is poised to remain one of the most closely followed corruption trials in Nigeria’s recent history.
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