Special Offences Division of the Lagos High Court, Ikeja, has granted the application of former Central Bank of Nigeria (CBN) governor, Godwin Emefiele, to engage forensic experts to examine WhatsApp conversations and a mobile device marked “iPhone 2” tendered as evidence in his trial.
Justice Rahman Oshodi ruled on Monday that the defendant had the right to conduct an independent forensic review, provided safeguards were in place to protect the integrity of the exhibits.
The judge ordered that the inspection be carried out in the presence of representatives of all parties, with each side allowed no more than one lawyer and one forensic expert.
A court representative will supervise the exercise scheduled for September 24 and 26, between 10 a.m. and 2 p.m.
Mr Emefiele is standing trial on a 19-count charge alongside Henry Omoile.
They are accused of abuse of office, receiving gratification, accepting gifts through agents, corruption and fraudulent property transactions involving $4.5 billion and N2.8 billion.
At the June 24, proceedings, before the court’s annual vacation, Emefiele’s counsel, Olalekan Ojo, had challenged the authenticity of the digital messages presented by the Economic and Financial Crimes Commission (EFCC).
He sought permission to call a forensic expert to examine the device and the extracted conversations.
The EFCC, represented by Chinenye Okezie, opposed the application, arguing that the defence had not met procedural requirements and that the evidence must remain intact while in the custody of the court.
In his ruling, Justice Oshodi directed that the chain of custody of Exhibit E (iPhone 2) must be preserved and that the exhibit must remain in court custody at all times.
The matter was adjourned to October 7 and 8, for continuation of trial and October 9, for the testimony of the alleged victim.
At the May 27, proceedings, EFCC witness Alvan Gurumnaan had told the court that Emefiele allegedly received $17.1 million in cash through a proxy over three years.
Documents relating to the transactions were admitted in evidence.
