A High Court of the Federal Capital Territory (FCT) 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 EFCC published false and defamatory statements by describing Agunloye as being prosecuted for a “$6 billion fraud,” a claim the court found to be unsupported by the criminal charges filed 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.” He argued that the publication damaged his reputation by falsely portraying him as facing fraud charges.
Justice Kekemeke ruled that the claimant successfully established the essential elements of defamation, noting that the publication was permanent in nature, clearly identified Agunloye, and had the potential to injure his reputation in the eyes of reasonable members of the public.
The court also noted that the EFCC’s sole 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.
According to the judge, a review of the criminal charges pending against Agunloye before the FCT High Court in Apo showed no allegation of fraud, making the headline used by the EFCC inaccurate and sensational.
Justice Kekemeke further held that the EFCC failed to prove the truth of its publication and that the report did not fairly reflect the court proceedings. He observed that, as an investigative agency rather than a news organisation, the commission ought to have exercised greater care in describing the charges against the former minister.
The court declared the publications on the EFCC’s official website and X (formerly Twitter) account false and defamatory, and ordered the commission to retract them and publish a public apology on its website as well as in two national newspapers.
In addition, the court granted a perpetual injunction restraining the EFCC from making further defamatory publications against Agunloye and awarded him N10 million in damages.
Reacting to the judgment, counsel to the EFCC, Dr. Wahab Shittu (SAN), said the commission would appeal the decision. He maintained that the defamation suit was premature because the criminal case against Agunloye is still pending before another High Court of the Federal Capital Territory.
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