Court orders EFCC to pay Agunloye ₦10m for defamation

Nkereuwem Effiong

The High Court of the Federal Capital Territory (FCT), Maitama, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to pay former Minister of Power, Dr Olu Agunloye, ₦10 million in damages for defamation over a publication linking him to an alleged $6 billion fraud.

In a judgment delivered on Wednesday, Justice Peter Kekemeke held that the EFCC’s publication on its website and X account, captioned “EFCC arraigns Agunloye over $6 billion fraud,” was false, defamatory and damaging to the former minister’s reputation.

The court also directed the anti-graft agency to retract the publication and publish an unreserved apology on its website and in two national newspapers.

Agunloye, through his counsel, Adeola Adedipe (SAN), had filed the suit, marked FCT/HC/CV/1199/2024, seeking ₦1 billion in general and exemplary damages. He argued that the publication falsely portrayed him as corrupt and seriously harmed his reputation.

In his judgment, Justice Kekemeke held that the essential elements of defamation had been established, noting that the publication was in permanent form, specifically identified Agunloye and was capable of lowering his reputation in the eyes of right-thinking members of society.

The judge observed that none of the charges pending against the former minister before the Apo Division of the FCT High Court alleged a $6 billion fraud, contrary to the headline published by the EFCC.

The court further noted that the EFCC’s witness, Assistant Commissioner of Police Umar Hussain Babangida, admitted during proceedings that the publication originated from the commission’s media department.

Describing the headline as sensational and inaccurate, Justice Kekemeke ruled that the EFCC failed to prove the truth of the allegation and ought to have communicated the facts with greater precision.

Consequently, the court declared the publication false and defamatory, restrained the commission from making similar defamatory statements against Agunloye and ordered it to issue the prescribed retraction and apology.

Reacting to 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 said.