Court Awards ₦10m Against EFCC for Defaming Ex-Power Minister Agunloye

The High Court of the Federal Capital Territory, sitting in Maitama, Abuja, has awarded ₦10 million in damages to former Minister of Power, Dr Olu Agunloye, after finding the Economic and Financial Crimes Commission liable for defamation over a publication linking him to an alleged $6 billion fraud.

Delivering judgment on Wednesday, Justice Peter Kekemeke ruled that the commission’s publication on its official website and X handle, titled “EFCC Arraigns Agunloye Over $6 Billion Fraud,” was false, defamatory and injurious to the former minister’s reputation.

Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, seeking judicial declarations that the publication was defamatory, an order compelling the anti graft agency to retract it and tender an unreserved apology, as well as ₦1 billion in general and exemplary damages.

In his judgment, Justice Kekemeke held that the essential elements required to establish defamation had been satisfied, noting that the publication was permanent in form, specifically identified the claimant and was capable of lowering his reputation in the estimation of right thinking members of society.

The judge observed that the commission’s sole witness, Assistant Commissioner of Police Umar Hussain Babangida, eventually admitted under cross examination that the publication originated from the EFCC’s media department after initially denying knowledge of it.

Justice Kekemeke further held that a review of the criminal charges pending against Agunloye before the Apo Division of the FCT High Court revealed no allegation accusing him of committing a $6 billion fraud.

According to the court, the sensational headline published by the commission was unsupported by the actual charges before the court and did not accurately reflect the ongoing criminal proceedings.

The court declared the publication false and defamatory, ordered the EFCC to remove it, publish a public apology on its official website and in two national newspapers, and restrained the commission from making similar defamatory publications against the former minister.

Reacting after the judgment, counsel to the EFCC, Dr Wahab Shittu, SAN, said the commission was dissatisfied with the ruling and would challenge it at the Court of Appeal.

He maintained that the defamation suit was premature because the substantive criminal case against Agunloye remains pending before the trial court.