Justice Rahman Oshodi of a Lagos State Special Offences Court in Ikeja has fixed September 15, as the date to rule on a motion filed by a former Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, seeking a forensic review of WhatsApp messages tendered by the Economic and Financial Crimes Commission (EFCC) as evidence in his ongoing trial for alleged $4.5 billion and ₦2.8 billion fraud.
Emefiele, through his lawyer, Olalekan Ojo (SAN), is challenging the authenticity of the digital messages presented by the prosecution and has asked the court to permit a forensic expert to examine both the mobile device identified as an “iPhone 2” used to extract the messages, as well as the printed chat logs.
Ojo argued that the forensic analysis is necessary to verify the credibility of the evidence, which plays a critical role in the case being prosecuted by the Economic and Financial Crimes Commission (EFCC).
Opposing Emefiele’s request, EFCC’s lawyer, Chineye Okezie, told the court that the moment such an exhibit was admitted as evidence, the court assumes custody of the item and it must remain intact until the conclusion of the case.
Okezie further argued that the defence is yet to provide adequate details about the forensic process, including the name of the lab, the qualifications of the personnel to conduct the analysis and the expected duration of the examination. The lawyer further urged the court to allow the EFCC’s Director of Forensics to nominate a suitable laboratory.
