Justice Rahman Oshodi of an Ikeja Special Offences Court yesterday granted the application of former Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to engage forensic experts to examine his WhatsApp conversations.
A mobile device, marked “iPhone 2”, which was tendered as evidence in his ongoing trial, is also to be examined scientifically.
Emefiele is facing a 19-count charge of alleged $4.5 billion fraud alongside a co-defendant, Henry Omoile.
The former CBN governor is also accused of abuse of office, receiving gratification, accepting gifts through agents, corruption, and fraudulent property transactions to the tune of $4.5 billion and N2.8 billion by the Economic and Financial Crimes Commission (EFCC).
Emefiele’s legal team, led by Olalekan Ojo (SAN), had asked the court to allow an independent forensic expert to inspect the mobile phone and verify the authenticity of the extracted WhatsApp messages presented as exhibits.
He said: “The defence is seeking the leave of the court to call a forensic expert to examine both the mobile device and printed conversations allegedly linked to the defendants.”
But EFCC counsel, C. C. Okezie, opposed the request, arguing that the exhibits admitted during the trial were in the custody of the court and must remain in their original form until the conclusion of the case.
The lawyer said the defence had not disclosed the name of the forensic laboratory or the qualifications of the personnel to handle the device.
She urged the court to appoint the EFCC’s Director of Forensic Department to select the laboratory.
Okezie said such a person must also ensure that the exercise is monitored by a prosecution-nominated representative and maintain a strict chain of custody.
Ruling on the matter, Justice Oshodi held that the defence had the right to conduct an independent forensic review, provided safeguards were in place to protect the integrity of the evidence.
The judge ordered that the inspection be conducted in the presence of representatives of all parties.
He ordered that each party would be allowed no more than one lawyer and one forensic expert.
The court directed that the process be supervised by a court representative and conducted between 10 a.m. and 2 p.m. on September 24 and 26.
Justice Oshodi also ruled that the chain of custody of Exhibit E (iPhone 2) must be preserved and that the exhibit must remain in the court’s custody at all times.
Justice Oshodi adjourned the matter till October 7, 8, and 9, for continuation of trial.