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 defamatory publications made on its website and social media platforms.
Delivering judgment on Wednesday, Justice Peter Kekemeke held that the anti-graft agency defamed Agunloye by publishing claims that he was being prosecuted for fraud, allegations the court found to be untrue.
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,” which he argued had damaged his reputation.
Justice Kekemeke ruled that the former minister successfully proved the essential elements of defamation through the evidence presented before the court.
He identified such elements of defamation as the publication of a statement in permanent form; the publication refers to someone; and it injures the person’s reputation in the sight of reasonable members of the public.
The judge held that, in Agunloye, the contentious publications were in a permanent form and mentioned the claimant’s name.
He found that EFCC’s sole witness in the case – Assistant Commissioner of Police Umar Hussain Babangida – after initially denying knowledge of the said publication, later admitted that it was made by the defendant’s media department.
Justice Kekemeke said Agunloye’s case was not a challenge of EFCC’s power to investigate economic and financial crime as claimed by the defendant.
The judge said that, having gone through the charge in the criminal case against the claimant before the High Court of the FCT in Apo, he saw nowhere in it that mentioned fraud, contrary to the EFCC’s publication.
He noted that the issue of fraud was not in any of the exhibits tendered before the court during the course of the hearing, describing the title of the publication in issue as a “sensational headline.”
Justice Kekemeke, who found that the EFCC failed to prove the truth of the said publication, held that it was unfair and did not represent the proceedings in court.
He noted that the EFCC is not a news agency but an investigative agency, adding that the defendant knew that Agunloye was not involved in a $6b fraud or any fraud at all.
The judge held that the claimant effectively established malice, resolved the two issues against the defendant, and entered judgment in Agunloye’s favour.
Justice Kekemeke declared that the contentious publications made on EFCC’s official website and X handle were false and defamatory.
He ordered the defendant to retract the publications and offer a public apology to the claimant on its website and in two national dailies.
The judge, who issued an order of perpetual injunction restraining the EFCC from further defaming the claimant, awarded N10m damages against the commission.
Speaking on the court’s decision, EFCC’s lawyer, Dr Wahab Shittu (SAN) said his client would appeal the judgment.
Shittu said that, though the court has made its pronouncement, the case was premature, as the claimant’s criminal prosecution was still pending before another High Court of the FCT.
