A High Court of the Federal Capital Territory sitting in Maitama has ordered the Economic and Financial Crimes Commission (EFCC) to pay ₦10 million in damages to former Minister of Power, Olu Agunloye, for defaming him through a publication on its official website and 𝕏 account.
Justice Peter Kekemeke, who delivered the judgment earlier today, July 8, held that the anti-graft agency damaged Agunloye’s reputation by publishing a headline that linked him to a “$6billion fraud”.
Agunloye had approached the court with a ₦10 billion defamation suit after the EFCC published a report titled, “EFCC arraigns Agunloye over $6billion fraud.” He argued that the publication falsely portrayed him as a corrupt and fraudulent individual, causing serious damage to his reputation.
The former minister, through his legal team led by Adeola Adedipe, SAN, asked the court to declare the publication false and defamatory, order its retraction, compel the EFCC to issue a public apology and award damages.
In his ruling, Justice Kekemeke held that the publication contained all the essential elements of defamation. He noted that it was published in a permanent form and clearly identified the claimant by name.
The judge also observed that the EFCC’s only witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication but later admitted it originated from the commission’s media department.
Justice Kekemeke ruled that the case was not an attempt to challenge the EFCC’s statutory powers to investigate financial crimes. Rather, it centred on whether the commission published false and defamatory material.
After reviewing the criminal charge pending against Agunloye before the Apo Division of the FCT High Court, the judge said there was no allegation of fraud in the charge.
He further held that none of the documents tendered before the court supported the “$6billion fraud” claim contained in what he described as a sensational headline.
The court found that the EFCC failed to establish the truth of the publication and ruled that the commission acted with malice. Justice Kekemeke stressed that the EFCC is an investigative agency and not a news organisation, adding that it knew Agunloye was not facing a $6 billion fraud allegation.
The court declared the publication on the EFCC’s website and 𝕏 handle false and defamatory. It ordered the commission to withdraw the publication, publish an unreserved apology on its website and in two national newspapers, and pay ₦10 million in damages to Agunloye.
The court also granted a perpetual injunction restraining the EFCC from making further defamatory publications against the former minister.
Reacting after the judgment, counsel to the EFCC, Dr Wahab Shittu, SAN, said the commission would challenge the decision at the Court of Appeal.
“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” he added.
Shittu maintained that the suit was filed prematurely because the criminal proceedings against Agunloye are still pending and no judgment has been delivered.
