A High Court of the Federal Capital Territory sitting in Maitama has awarded N10 million in damages against the Economic and Financial Crimes Commission for defaming former Minister of Power, Dr Olu Agunloye, through publications on its official website and social media platforms.
Justice Peter Kekemeke, who delivered the judgment on Wednesday, held that the anti-graft agency published false and defamatory claims suggesting that Agunloye was being prosecuted for fraud, whereas the criminal charges before the court did not contain any allegation of fraud.
Agunloye had approached the court through his counsel, Adeola Adedipe (SAN), challenging a publication by the commission titled, “EFCC arraigns Agunloye over $6 billion fraud,” which he argued damaged his reputation.
In his ruling, the judge held that the claimant successfully established the ingredients of defamation by proving that the publication was permanent, referred specifically to him and was capable of lowering his reputation in the eyes of right-thinking members of society.
Justice Kekemeke noted that the EFCC’s witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication but later admitted during cross-examination that it originated from the commission’s media department.
The court further held that the suit was not an attempt to challenge the EFCC’s statutory powers to investigate financial crimes but rather a complaint over the false description of the charges against the former minister.
According to the judge, a review of the charge pending before another FCT High Court showed no count relating to fraud, making the commission’s headline misleading and sensational.
He ruled that the EFCC failed to justify the truthfulness of the publication, adding that the agency ought to have accurately reflected the court proceedings instead of attributing offences not contained in the charge.
Justice Kekemeke declared the publications on the commission’s website and X handle false and defamatory, ordered the EFCC to retract them and publish an apology on its website as well as in two national newspapers.
The court also issued a perpetual injunction restraining the anti-graft agency from making further defamatory publications against Agunloye and awarded him N10 million as damages.
Reacting to the judgment, counsel to the EFCC, Dr Wahab Shittu (SAN), said the commission would challenge the decision at the Court of Appeal.
Shittu argued that the defamation suit was premature because the criminal case involving the former minister remains pending before another High Court of the Federal Capital Territory.