The Federal Capital Territory High Court in Abuja has ordered the Economic and Financial Crimes Commission (EFCC) to pay ₦10 million in damages to former Minister of Power, Dr Olu Agunloye, after ruling that the agency defamed him through a publication on its official website and X account.
Justice Peter Kekemeke delivered the judgment on Wednesday in a suit filed by Agunloye, holding that the EFCC’s publication titled “EFCC arraigns Agunloye over $6bn fraud” was false and defamatory.
According to Punch, the former minister argued that the publication wrongly portrayed him as corrupt and fraudulent, damaging his reputation. He instituted the suit after the report appeared on the anti-graft agency’s official platforms.
In his ruling, Justice Kekemeke held that the publication contained all the essential elements of defamation, noting that it was published permanently and clearly identified Agunloye.
The court further observed that the EFCC’s witness, Assistant Commissioner of Police Umar Babangida, initially denied knowledge of the publication but later admitted during trial that it originated from the commission’s media department.
Justice Kekemeke stated that a review of the criminal charge against Agunloye showed there was no allegation of fraud, contrary to the EFCC’s publication.
“The issue of fraud is not in any of the exhibits tendered before the court. The EFCC failed to prove the truth of the publication,” the judge held.
The court emphasised that while the EFCC has statutory powers to investigate financial crimes, it was aware that Agunloye was not standing trial for a $6 billion fraud.
Consequently, the court declared the publication false and defamatory, ordered the EFCC to retract it, and directed the commission to publish a public apology on its website and in two national newspapers. It also granted a perpetual injunction restraining the agency from making further defamatory publications against the former minister.
Reacting to the judgment, EFCC counsel, Dr Wahab Shittu (SAN), said the commission would appeal the ruling, arguing that Agunloye’s underlying criminal case is still pending before the court.
