The Federal Capital Territory High Court in Abuja has awarded ₦10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming a former Minister of Power, Dr Olu Agunloye.
Justice Peter Kekemeke, in a judgment delivered on Wednesday, held that the EFCC’s publication titled “EFCC arraigns Agunloye over $6bn fraud” was false and defamatory.
Agunloye had filed the ₦10 billion suit, marked FCT/HC/CV/1199/2024, through his counsel, Adeola Adedipe. He argued that the publication on the EFCC’s official website and X handle falsely portrayed him as corrupt and fraudulent, thereby damaging his reputation.
In his judgment, Justice Kekemeke ruled that the publication contained all the essential elements of defamation, noting that it was published in a permanent form and clearly identified the claimant.
The judge also faulted the testimony of the EFCC’s sole witness, Assistant Commissioner of Police Umar Babangida, who initially denied knowledge of the publication but later admitted during cross-examination that it originated from the commission’s media department.
Justice Kekemeke further held that the suit was not an attempt to challenge the statutory powers of the EFCC to investigate or prosecute financial crimes.
“Having gone through the charge in the criminal case against the claimant before an FCT High Court in Apo, there is nowhere in it that claimed fraud, contrary to the EFCC publication.
“The issue of fraud is not in any of the exhibits tendered before the court in the course of hearing the case. The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings,” the judge held.
He added that, as an investigative agency rather than a news organisation, the EFCC ought to have known that Agunloye was not being prosecuted for a “$6bn fraud,” making the publication misleading.
The court consequently declared the publication on the commission’s website and X handle false and defamatory.
Justice Kekemeke ordered the EFCC to retract the publication and publish a public apology on its website and in two national newspapers.
The court also granted a perpetual injunction restraining the commission from publishing further defamatory statements against Agunloye and awarded him ₦10 million in damages.
Reacting to the judgment, counsel for the EFCC, Dr Wahab Shittu (SAN), said the commission would appeal the decision.
“Though the court has made its pronouncement, the case is premature as the claimant’s criminal charge is yet to be concluded and judgment delivered,” he said.
