Emefiele forensic WhatsApp examination approved by court in $4.5bn fraud trial. Judge allows expert analysis of iPhone evidence under strict supervision

Emefiele forensic WhatsApp examination has been approved by Justice Rahman Oshodi of the Ikeja Special Offences Court, who on Tuesday granted a key application in the ongoing $4.5 billion fraud trial of former Central Bank Governor, Godwin Emefiele.

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The judge ruled that Emefiele’s defence team is entitled to engage an independent forensic expert to scrutinise WhatsApp chats extracted from a mobile device marked “iPhone 2”, which was earlier tendered in evidence.

The court stressed, however, that strict conditions must be followed to maintain the chain of custody.

Emefiele, who is facing a 19-count charge including fraud, corruption, abuse of office, and property-related offences, is on trial alongside co-defendant Henry Omoile.

The charges were brought by the Economic and Financial Crimes Commission (EFCC), which claims the offences amount to a combined $4.5 billion and ₦2.8 billion in financial misconduct.

Emefiele’s lead counsel, Olalekan Ojo (SAN), had argued for independent verification of the phone and printed WhatsApp messages, claiming that the defence must be allowed to test the authenticity of the evidence.

EFCC lawyer, C.C. Okezie, opposed the application, insisting the evidence must remain in its original state under court custody.

She also raised concerns over the unnamed forensic lab and the qualifications of personnel proposed by the defence.

In his ruling, Justice Oshodi approved the Emefiele forensic WhatsApp examination on the condition that it be carried out under strict supervision, with only one lawyer and one forensic expert allowed per party.

The process is scheduled for 10 a.m. to 2 p.m. on 24 and 26 September, and will be monitored by a court-appointed representative.

The judge further ruled that Exhibit E (the iPhone) must never leave court custody, ensuring full traceability throughout the forensic process.

The case was adjourned to 7, 8, and 9 October for the continuation of trial proceedings.

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As legal scrutiny intensifies, this forensic review may prove pivotal in the high-profile trial of the former CBN governor.