Court slams EFCC with N10m damages for defamatory claims against ex-power minister

The Federal Capital Territory (FCT) High Court has awarded N10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming Olu Agunloye, former minister of power, through a publication linking him to a $6 billion fraud allegation.

Justice Peter Kekemeke, while delivering judgment on Wednesday, held that the anti-graft agency’s publication on its official website and X (formerly Twitter) handle was defamatory and that the commission failed to establish the truth of the claims made against Agunloye.

The judgment followed a N10 billion defamation suit filed by Agunloye against the EFCC over a publication titled “EFCC arraigns Agunloye over $6 billion fraud”.

Agunloye, through his counsel, Adeola Adedipe, SAN, argued that the publication portrayed him as a corrupt and fraudulent individual, thereby damaging his reputation.

Justice Kekemeke held that the publication contained elements of defamation, noting that it was made in a permanent form and specifically identified the former minister.

The court found that the EFCC failed to prove the accuracy of the allegations contained in the publication, adding that the criminal charge filed against Agunloye did not contain any allegation of fraud.

“Having gone through the charge in the criminal case against the claimant before an FCT High Court in Apo, there is nowhere in it that claimed fraud, contrary to the EFCC publication,” the judge held.

The court also faulted the testimony of the EFCC’s sole witness, Assistant Commissioner of Police Umar Babangida, who initially denied knowledge of the publication before later admitting that it originated from the commission’s media department.

Justice Kekemeke stated that the suit did not challenge the EFCC’s statutory mandate to investigate economic and financial crimes but rather focused on the accuracy and fairness of the commission’s public communication.

“The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings,” the judge said.

The court further held that the EFCC was an investigative agency and not a news organisation, stressing the need for accuracy and responsibility in its public statements.

Beyond the damages awarded, the court ordered the EFCC to retract the publication and issue a public apology on its website and in two national newspapers.

The judge also granted a perpetual injunction restraining the commission from making further defamatory statements against Agunloye.

Reacting to the judgment, counsel to the EFCC, Wahab Shittu, SAN, said the commission would appeal the decision, arguing that the suit was premature because the criminal proceedings against Agunloye had not been concluded.

“Though the court has made its pronouncement, the case is premature, as the claimant’s criminal charge is yet to be concluded and judgment delivered,” Shittu said.