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$4.5bn Fraud: Can WhatsApp Chats Stand? Court to Decide on Emefiele’s Evidence Challenge

The Special Offences Court in Ikeja, Lagos, has scheduled 15 September 2025 to rule on an application by former Central Bank Governor, Godwin Emefiele, seeking a forensic examination of WhatsApp messages admitted as evidence in his ongoing fraud trial.

Presiding Judge, Justice Rahman Oshodi, fixed the date after hearing arguments from Emefiele’s lead counsel, Olalekan Ojo (SAN), who questioned the authenticity of the digital messages presented by the Economic and Financial Crimes Commission (EFCC).

Emefiele requested permission to hire a forensic expert to verify the messages, which were extracted from an “iPhone 2”, and their corresponding printouts.

Ojo argued that the forensic analysis was crucial to assess the credibility of evidence central to the EFCC’s case. “My Lord, we seek authorisation to verify the authenticity and integrity of the device and chat logs,” he submitted.

However, EFCC counsel, Chinenye Okezie, opposed the request, stating that the defence had failed to meet procedural requirements. She argued that the item, having been admitted as evidence, must remain intact under the court’s custody.

Okezie also noted the defence had not provided key details such as the name of the forensic laboratory, its accreditation, or the expertise of its personnel. She proposed that if the request were granted, a certified lab be nominated by the Commission’s Forensic Department and the process conducted under prosecution supervision to prevent tampering.

Justice Oshodi adjourned the ruling until after the court’s annual vacation.

Emefiele is facing trial alongside Henry Omoile on 19 counts including conspiracy, money laundering, and fraud. At the last hearing on 27 May, EFCC witness Alvan Gurumnaan testified that Emefiele allegedly received $17.1 million in cash through a proxy over a three-year period. Documents related to these transactions were tendered in court.

Emefiele has indicated readiness to subject all evidence tendered to forensic scrutiny.

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