$4.5 Billion Trial Gridlock: Is the EFCC Hiding Crucial Evidence on Emefiele’s iPhone?
The high-profile $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has been stalled by accusations that the Economic and Financial Crimes Commission (EFCC) is deliberately obstructing a court-ordered forensic examination of a mobile phone and its crucial WhatsApp messages.
At the Ikeja Special Offences Court on Tuesday, Emefiele’s Lead Counsel, Olalekan Ojo (SAN), claimed the EFCC had twice frustrated the joint forensic process, preventing the defense from accessing key evidence in the device, known as “Exhibit E.”
Allegations of Obstruction
Mr. Ojo informed Justice Rahman Oshodi that the forensic exercise, intended to be conducted jointly by legal teams and court officials on September 24 and 25, was halted by EFCC’s resistance. The defense argued that unrestricted access to the device was essential for all forensic experts to objectively examine its contents.
Refusal of Full Access: Emefiele’s team alleged that on the first day, EFCC officials claimed the iPhone could not be “fully exposed” to the joint forensic team.
Failure to Produce Device: On the second day, despite the court registrar clarifying the order, EFCC representatives reportedly failed to produce the phone when an independent expert from Apple requested it.
The defense contends that the WhatsApp messages contained on the device are critical evidence to their case and requested the court to suspend further testimony until the forensic review is complete.
EFCC’s Defense: Data Integrity Concerns
In response, EFCC Counsel Rotimi Oyedepo (SAN) refuted the claims of obstruction, arguing that the initial forensic examination conducted by the defense was “procedurally defective.”
The prosecution raised concerns about the methodology used by the defense’s expert, claiming the analysis was partially performed online and that the expert lacked a verifiable physical laboratory.
EFCC’s Justification:
Risk of Compromise: Oyedepo argued that granting the defense’s request for full access could allow the data to “auto-sync” or be altered, thereby compromising the exhibit’s authenticity.
Need for Standards: The prosecution insisted that any examination must strictly adhere to recognized forensic standards, maintaining that the iPhone remains in flight mode and untampered with.
Emefiele faces a 19-count charge, while his co-defendant, Henry Omoile, faces a three-count charge related to the unlawful acceptance of gifts, with the offenses reportedly involving $4.5 billion and N2.8 billion.
Court Issues New Directives
Acknowledging the defense’s valid concerns regarding the integrity of the judicial process, Justice Oshodi moved to prevent further delays:
He ordered the prosecution (EFCC) to file its forensic report within 24 hours.
The judge also directed both sides to adopt electronic service of documents to avoid procedural hindrances.
The case was subsequently adjourned until October 8 for the continuation of the trial. The battle over “Exhibit E” highlights the immense stakes in the trial, which has already seen a prosecution witness, Emefiele’s aide John Adetola, admit in May that he kept no records of an alleged $400,000 payment he claimed to have delivered to the former CBN governor.
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