A Federal Capital Territory (FCT) high court has ordered the Economic and Financial Crimes Commission (EFCC) to pay Olu Agunloye, former minister of power, N10 million in damages for defaming him through a publication on its website and social media platforms.
Peter Kekemeke, the presiding judge, also directed the anti-graft agency to retract the publication, publish a public apology on its website and in two national newspapers, and refrain from making further defamatory statements about the former minister.
The judgement followed a suit filed by Agunloye over a post published on the EFCC’s website and X handle titled, “EFCC arraigns Agunloye over $6 billion fraud”.
In the suit marked FCT/HC/CV/1199/2024, Agunloye argued that the publication falsely portrayed him as corrupt and fraudulent, thereby damaging his reputation.
He asked the court to declare the publication false and defamatory, order the EFCC to retract it and issue an unreserved apology, and award him N1 billion in general and exemplary damages.
In his judgement, Kekemeke ruled that Agunloye had established the essential elements of defamation, including that the publication was in a permanent form, referred to him, and was capable of lowering his reputation in the eyes of reasonable members of the public.
The judge noted that Umar Hussain Babangida, an assistant commissioner of police who testified for the EFCC, initially denied knowledge of the publication but later admitted that it originated from the commission’s media department.
Kekemeke said the case was not a challenge to the EFCC’s statutory powers to investigate financial crimes.
He added that, after reviewing the criminal charge pending against Agunloye before the Apo division of the FCT high court, he found no allegation of fraud.
According to the judge, the word “fraud” did not appear in any of the charge documents or exhibits before the court, despite featuring prominently in what he described as the EFCC’s “sensational headline”.
Kekemeke held that the defendant failed to prove the truth of the publication, adding that it did not represent court proceedings.
He also held that the EFCC, as an investigative agency, knew that Agunloye was not involved in a $6 billion fraud.
The judge concluded that the former minister had proved malice against the commission and entered judgement in his favour.
Reacting to the ruling, Wahab Shittu, counsel to the EFCC, said the commission would appeal the judgement.
“Though the court has delivered its judgement, we are definitely going to appeal the court’s decision,” Shittu said.
He argued that the defamation suit was premature because the criminal case against Agunloye is yet to be concluded.
