The {Economic} and {Financial} Crimes Fee (EFCC) has been accused of obstructing the court-ordered forensic examination of a cell phone and WhatsApp chats central to the $4.5 billion fraud trial of former Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele.
At Tuesday’s listening to earlier than Justice Rahman Oshodi of the Ikeja Particular Offences Court docket, Emefiele’s Lead Counsel, Mr. Olalekan Ojo (SAN), alleged that the EFCC had twice obstructed the court-ordered forensic course of, thereby irritating compliance with a judicial directive.
Emefiele faces a 19-count cost of receiving gratification and corrupt calls for, whereas his co-defendant, Mr. Henry Omoile, faces a three-count cost regarding the illegal acceptance of presents.
Each are accused of offences involving $4.5 billion and N2.8 billion.
Ojo informed the court docket that regardless of the presence of each authorized groups and the court docket’s registrar on September 24 and 25, the forensic train couldn’t proceed due to EFCC’s resistance.
In keeping with him, EFCC officers initially refused full entry to the iPhone marked “Exhibit E” — the machine containing the WhatsApp messages in dispute.
“On the primary day, EFCC officers claimed the telephone couldn’t be absolutely uncovered to the joint forensic workforce,” Ojo mentioned.
“On the second day, even after the registrar clarified the order, EFCC representatives nonetheless failed to provide the telephone when Apple’s knowledgeable requested it.”
Ojo argued that unrestricted entry to the machine was important for each events’ forensic consultants to carry out their duties objectively.
He subsequently urged the court docket to difficulty a contemporary directive to compel EFCC’s compliance.
In response, EFCC Counsel, Mr. Rotimi Oyedepo (SAN), maintained that the preliminary forensic examination performed by the defence was “procedurally faulty.”
He argued that the defence knowledgeable lacked a verifiable laboratory or bodily workplace and had carried out components of the evaluation on-line, which might compromise the integrity of the information on the machine.
“The implication of their request is that Exhibit E could possibly be altered. The info may auto-sync, compromising its authenticity,” Oyedepo mentioned.
“The iPhone stays in flight mode and untampered with, and any examination should observe recognised forensic requirements.”
The defence, nonetheless, countered that the WhatsApp messages had been important proof to their case and requested the suspension of additional testimony till the forensic evaluate was accomplished.
Justice Oshodi acknowledged the defence’s issues and directed the prosecution to file its forensic report inside 24 hours.
He additional ordered either side to undertake digital service of paperwork to keep away from additional procedural delays.
The case was adjourned till October 8 for the continuation of the trial.
Regardless of his earlier testimony stating that he handed over the cash to Emefiele, Adetola admitted that he didn’t current any WhatsApp chat or telephone data to the EFCC, proving that he had knowledgeable Emefiele in regards to the transaction.
