A High Court of the Federal Capital Territory (FCT) sitting in Maitama has awarded N10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming former Minister of Power, Dr. Olu Agunloye, through publications on its official website and social media platforms.
Delivering judgment on Wednesday, Justice Peter Kekemeke held that the anti-graft agency published false and defamatory claims alleging that Agunloye was being prosecuted over a $6 billion fraud, despite no such charge existing in the criminal case against him.
Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, through his counsel, Adeola Adedipe (SAN), challenging an EFCC publication titled, “EFCC Arraigns Agunloye Over $6 Billion Fraud.”
Justice Kekemeke ruled that the claimant successfully established all the essential elements of defamation, including that the publication was made in a permanent form, clearly identified the claimant, and was capable of damaging his reputation before reasonable members of the public.
The court also noted that the EFCC’s only witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication but later admitted that it originated from the commission’s media department.
According to the judge, Agunloye’s suit was not an attempt to challenge the EFCC’s constitutional powers to investigate financial crimes but rather a complaint over false information published by the commission.
Justice Kekemeke stated that after reviewing the criminal charges pending against Agunloye before another FCT High Court in Apo, there was no reference to fraud, contrary to the EFCC’s publication.
He described the headline used by the commission as sensational and ruled that the agency failed to establish the truth of its claims.
The judge further observed that the EFCC, as an investigative agency, ought to have exercised greater caution, stressing that it knew Agunloye was neither charged with nor involved in any $6 billion fraud.
Consequently, the court declared the publications on the EFCC’s official website and X (formerly Twitter) account false and defamatory.
Justice Kekemeke ordered the commission to retract the publications and publish a public apology to Agunloye on its official website and in two national newspapers.
The court also granted a perpetual injunction restraining the EFCC from making further defamatory publications against the former minister and awarded N10 million in damages.
Reacting to the judgment, EFCC counsel, Dr. Wahab Shittu (SAN), disclosed that the commission would appeal the decision, arguing that the suit was filed while Agunloye’s criminal trial remains pending before another High Court of the FCT.