By Emamuzo Iboma
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.
Emefiele is currently standing trial on a 19-count charge bordering on receiving gratification and corrupt demands. His co-defendant, Henry Omoile, is facing a three-count charge related to unlawful acceptance of gifts by agents. The charges involve fraud totaling $4.5 billion and ₦2.8 billion, respectively.
At the resumed hearing on Tuesday, Emefiele, through his counsel, Mr. Olalekan Ojo (SAN), asked the court to allow a forensic expert to analyze a mobile phone used in extracting WhatsApp messages that had already been tendered as evidence. Ojo stated that the defence was seeking leave of the court to examine both the mobile device and the printed conversations allegedly linked to the defendants.
The application was opposed by EFCC counsel, Ms. Chigozie Okezie, who argued that under the rules of evidence and court procedure, once an exhibit has been admitted, it becomes the property of the court and must remain in its original state until the conclusion of the trial. She noted that the duration of the forensic analysis was not specified and that the defence failed to identify the laboratory or expert to be used.
Okezie further argued that the defence should have provided options of credible forensic laboratories and their qualifications for the court to select from. She urged the court to nominate the director of the forensic department of the EFCC to choose a suitable laboratory. She also requested that the examination be conducted in the presence of a qualified individual nominated by the prosecution to ensure proper chain of custody and prevent any tampering with the device, which must be returned to the court upon completion of the analysis.
After hearing arguments from both sides, Justice Rahman Oshodi adjourned the matter until September 15 for ruling.
