ABUJA, Nigeria — A High Court of the Federal Capital Territory (FCT) in Maitama has ordered the Economic and Financial Crimes Commission (EFCC) to pay N10 million in damages to former Minister of Power, Dr Olu Agunloye, for defamation.
Justice Peter Kekemeke, in a judgment delivered on Wednesday, held that the anti-graft agency published false and defamatory statements against Agunloye on its official website and social media platforms.
The suit, marked FCT/HC/CV/1199/2024, was filed by Agunloye through his counsel, Adeola Adedipe (SAN), challenging an EFCC publication titled “EFCC arraigns Agunloye over $6billion fraud.”
Delivering judgment, Justice Kekemeke ruled that the claimant successfully proved the elements of defamation, noting that the publication was in permanent form, referred directly to Agunloye and damaged his reputation.
“The defendant failed to establish the truth of the publication, which was clearly unfair and did not represent the actual proceedings before the court,” the judge held.
He further described the headline of the EFCC publication as “sensational,” stressing that no evidence before the court linked the former minister to any fraud.
According to the judge, a review of the criminal charge against Agunloye showed no mention of fraud, contrary to the EFCC’s claims.
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 was issued by the commission’s media department.
Justice Kekemeke emphasised that the case was not about the EFCC’s statutory powers to investigate financial crimes, but about the accuracy and fairness of its public communication.
He declared the publications false and defamatory, and ordered the EFCC to retract them and issue a public apology to Agunloye on its website and in two national newspapers.
The court also granted a perpetual injunction restraining the commission from further defamatory publications against the claimant.
“The claimant has established malice, and judgment is hereby entered in his favour,” the judge ruled.
Reacting to the judgment, EFCC counsel, Dr Wahab Shittu (SAN), said the commission would appeal the decision.
He argued that the case was premature, noting that Agunloye’s criminal trial remains pending before another High Court of the FCT.
