An Ikeja Special Offences Court has fixed September 15 to rule on an application by former Central Bank of Nigeria (CBN) governor Godwin Emefiele, seeking forensic analysis of WhatsApp evidence in his $4.5 billion fraud case.
The former apex bank governor is standing trial on a 19-count charge bordering on making corrupt demands and receiving gratification.
He co-defendant, Henry Omoile, is facing a three-count charge bordering on unlawful acceptance of gifts by agents.
The court charged the duo with fraud totaling $4.5 billion and N2.8 billion.
Emefiele, through his counsel, Olalekan Ojo, SAN, at the resumed hearing on Tuesday, prayed the court to permit a forensic analysis of a mobile phone used in extracting WhatsApp messages already tendered as evidence.
“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,” Ojo said.
However, counsel for the Economic and Financial Crimes Commission, EFCC, Chigozie Okezie, opposed the application.
According to Okezie, by virtue of the rules of evidence and practice, once an evidence of such nature had been admitted as an exhibit, the court became its custodian and retained it until the conclusion of the trial.
She argued that the essence is for the documents to remain in their original form as presented before the court.
The EFCC counsel further stated that the duration of the forensic exercise was also not stated in the defendant’s application.
She pointed out that the defence failed to disclose the name of the forensic laboratory, the expertise and the experience of the personnel to be used for the examination.
“What is more, the defendants ought to have presented options of forensic laboratories, stating their competence for the court to pick from.
“We pray the court to nominate the director of forensic department in the commission to select a laboratory for the exercise.
“We also urge the court to direct that the examination be conducted in the presence of a person with vast experience and knowledge, to be nominated by the prosecution.
“There should be room for proper chain of custody to ensure the device is not tampered with and is returned to the court upon conclusion of the exercise,” she said.
After listening to the submission of both parties, Justice Rahman Oshodi adjourned the case until September 15 for ruling.
