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$4.5bn fraud: Court fixes Emefiele’s WhatsApp review ruling Sept.15

The Ikeja Special Offences Court has set September 15 as the date to decide on former Central Bank of Nigeria (CBN) governor Godwin Emefiele’s request to examine WhatsApp messages as part of his $4.5 billion fraud trial.

Emefiele is facing charges that include making corrupt demands and receiving bribes. His co-defendant, Henry Omoile, is also charged with unlawfully accepting gifts.

Together, they are accused of fraud involving $4.5 billion and 2.8 billion naira.

During the court session on Tuesday, Emefiele’s lawyer, Olalekan Ojo, asked the court’s permission to allow a forensic expert to analyze the phone that was used to get the WhatsApp messages already submitted as evidence.

Ojo explained that the defense wants a specialist to check both the phone and the printed WhatsApp conversations linked to the defendants.

However, the Economic and Financial Crimes Commission (EFCC) lawyer, Chigozie Okezie, disagreed with the defense’s request.

Okezie said that once evidence is admitted by the court, the court itself becomes responsible for keeping it safe until the trial ends.

She added that the evidence should remain in its original form as it was shown in court.

The EFCC lawyer also said the defense did not say how long the forensic check would take.

She noted that the defense did not name the forensic lab or the experts who would do the examination.

Okezie said the defendants should have suggested different labs and their qualifications for the court to choose from.

She asked the court to let the EFCC’s forensic department director select the lab for the test.

She also said the examination should happen with an expert chosen by the prosecution present to make sure everything is done properly.

She stressed the need to maintain a clear chain of custody to prevent tampering and to return the phone to the court after the check.

After hearing both sides, Justice Rahman Oshodi paused the case and said the court would give a decision on September 15.

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