The Ikeja Special Offences Court has fixed September 15 to deliver its ruling on an application filed by former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, seeking a forensic analysis of WhatsApp messages tendered as evidence in his ongoing $4.5 billion fraud trial.
Emefiele is facing a 19-count charge bordering on corrupt practices, including making illicit demands and receiving gratification. His co-defendant, Henry Omoile, is standing trial on a separate three-count charge for allegedly accepting gifts unlawfully in the course of duty.
Both defendants are being prosecuted by the Economic and Financial Crimes Commission (EFCC) over alleged fraudulent transactions amounting to $4.5 billion and ₦2.8 billion.
At Tuesday’s hearing, Emefiele’s lead counsel, Olalekan Ojo, SAN, requested the court’s permission to allow a forensic expert to examine a mobile phone and the WhatsApp conversations allegedly linked to the defendants, which have already been admitted into evidence.
“The defence is seeking leave to conduct a forensic analysis on both the device and the printed chats, to verify the authenticity of the messages,” Ojo stated.
However, EFCC counsel, Chigozie Okezie, opposed the application, arguing that once evidence has been admitted by the court, it becomes the court’s property and must remain in its original form until the trial concludes.
Okezie also raised concerns over the vagueness of the defence’s request, noting that the application failed to specify the duration of the forensic process, the laboratory to be used, or the qualifications of the expert to be engaged.
“The defence did not suggest any competent forensic lab for the court’s consideration, nor did they establish the credibility of any proposed examiner,” she said.
To ensure transparency and safeguard the integrity of the evidence, Okezie urged the court to appoint the EFCC’s Director of Forensic Department to oversee the process and nominate a suitable laboratory. She further requested that the examination be conducted in the presence of an expert appointed by the prosecution and that a proper chain of custody be maintained.
After hearing arguments from both sides, Justice Rahman Oshodi adjourned the matter to September 15 for ruling on the application.
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