Ikeja: An Ikeja Special Offences Court has adjourned ruling on an application by former Central Bank Governor Godwin Emefiele seeking forensic analysis of WhatsApp evidence in a $4.5 billion fraud case.
According to News Agency of Nigeria, Emefiele is standing trial on a 19-count charge bordering on receiving gratification and corrupt demands. His co-defendant, Henry Omoile, faces a three-count charge related to unlawful acceptance of gifts by agents. Both are charged with fraud amounting to $4.5 billion and N2.8 billion.
During the resumed hearing, Emefiele’s counsel, Mr. Olalekan Ojo (SAN), requested permission for a forensic analysis of a mobile phone used to extract WhatsApp messages already presented as evidence. Ojo stated that the defense sought to call a forensic expert to examine both the mobile device and the printed conversations allegedly linked to the defendants.
The EFCC counsel, Ms. Chigozie Okezie, opposed the application, arguing that once evidence of such nature is admitted as an exhibit, the court becomes its custodian until the trial concludes. She emphasized the importance of maintaining the documents in their original form and highlighted that the duration of the forensic analysis was not specified in the defendant’s application.
Okezie further argued that the defense did not disclose the name of the forensic laboratory or the expertise and experience of the personnel for the examination. She suggested that the court should nominate the director of the forensic department in the commission to select a laboratory for the exercise. Additionally, she recommended that the examination be conducted in the presence of a knowledgeable individual nominated by the prosecution, ensuring a proper chain of custody so the device is not tampered with and is returned to the court upon completion.
After considering the submissions from both parties, Justice Rahman Oshodi adjourned the case until September 15 for ruling.
