The Economic and Financial Crimes Commission (EFCC) has appealed the judgment of a Federal Capital Territory High Court ordering it to pay a former Minister of Power, Olu Agunloye, ₦10 million in damages over a publication found to be defamatory.
In an 11-ground notice of appeal filed before the Abuja Division of the Court of Appeal, the anti-graft agency asked the appellate court to set aside the entire judgment delivered on July 8, 2026, by Justice Peter Kekemeke.
The commission described the decision as erroneous in law and against the weight of evidence presented before the trial court.
It also urged the Court of Appeal to dismiss Agunloye’s suit in its entirety.
Naijaonpoint reports that Kekemeke had ruled that an EFCC publication titled, “EFCC arraigns Agunloye over $6bn fraud,” was false and defamatory because the former minister was not standing trial for fraud.
Consequently, the judge ordered the commission to pay Agunloye N10m in damages, retract the publication and publish an unreserved apology on its website and in two national newspapers.
The court also restrained the EFCC from publishing similar statements about the former minister.
The commission, however, argued in its appeal that the lower court failed to properly assess the evidence placed before it and wrongly held that Agunloye had established a case of libel.
The EFCC contended that the trial judge overlooked important documentary evidence and the testimony of one of its witnesses, an Assistant Commissioner of Police, Umar Hussain Babangida.
According to the commission, the evidence presented by Babangida supported the contents of the disputed publication.
“The totality of the credible oral and documentary evidence adduced before the lower court preponderated overwhelmingly in favour of the appellant,” the EFCC stated.
It added that if the judge had properly considered the evidence, particularly Exhibits A, B, D and E, as well as Babangida’s testimony, the former minister’s claims would have been dismissed.
The commission said, “Had the trial judge properly evaluated the evidence on record, particularly Exhibits A, B, D and E and the testimony of DW1, ACP Umar Hussain Babangida, it would have dismissed the respondent’s claim in its entirety.”
The anti-graft agency further argued that the trial court did not adequately consider all the legal elements required to establish libel.
It said the court ought to have examined whether the publication was false and whether it was protected by the legal defences of justification or privilege.
The commission maintained that Agunloye failed to prove the necessary ingredients of libel.
The EFCC insisted that the publication substantially reflected the circumstances surrounding Agunloye’s arraignment in connection with the Mambilla hydroelectric power project.
“The gist of the publication, namely that the respondent was arraigned by the appellant in connection with fraud surrounding the $6bn Mambilla Project, was substantially true,” the commission argued.
It faulted the trial judge for dismissing the report as a mere sensational headline and placing excessive emphasis on what it described as a semantic distinction.
According to the agency, the lower court wrongly focused on the difference between the estimated value of the Mambilla project and the specific offences contained in the criminal charge.
The EFCC maintained that the headline and accompanying report accurately conveyed the substance of the arraignment and the investigation surrounding the power project.
The commission also argued that the publication was protected by the legal defences of justification, qualified privilege and fair comment.
It maintained that informing Nigerians about corruption investigations and prosecutions formed part of its statutory responsibilities.
The EFCC said the publication “was a fair, accurate and contemporaneous report of the arraignment of the respondent conducted in open court.”
It argued that the trial judge erred by rejecting the defence on the grounds that the commission was an investigative agency and not a media organisation.
