FCT Court fines EFCC N10m over Defamatory Publication Against ex-Minister Agunloye

By Anas Abbas

A High Court sitting in Maitama, Abuja, has ruled against the Economic and Financial Crimes Commission (EFCC) in a defamation case filed by former Minister of Power, Dr Olu Agunloye, orderingr the anti-graft agency to pay N10 million in damages.

Justice Peter Kekemeke delivered the judgment on Wednesday, holding that a post on EFCC’s website and X account, which stated that Agunloye had ybeen arraigned over a $6 billion fraud, was false, malicious, and damaging to his reputation.

Agunloye had approached the court seeking N1 billion in the damages, a retraction, and a public apology, arguing that the publication painted him as corrupt and fraudulent without basis. His lawyer, Adeola Adedipe, SAN, filed the suit, marked FCT/HC/CV/1199/2024.

In reaching his decision, Justice Kekemeke examined the three legal requirements for defamation, a permanent published statement, that it identifies the claimant, and that it damages reputation in the eyes of reasonable people, and finds all three satisfied. He noted that EFCC’s own witness, ACP Umar Hussain Babangida, initially denied knowledge of the publication before admitting it originated from the commission’s media unit.

The judge pointed out that the criminal charges against Agunloye before the Apo Division of thee FCT High Court contained no allegation of fraud, meaning the “$6 billion fraud” claim had no basis in the actual court filings. Her described the wording as a sensational headline unsupported by evidence, adding that EFCC, as an investigative body rather than a news outlet, ought to have known better than to publish such a claim.

Justice Kekemeke ruled that malice had been established and entered judgment for Agunloye. The court ordered EFCC to retract the publication,issue a public apology on its website and in twoy national newspapers, and refrain permanently from further defamatory statements against the former minister, alongside the N10 million damages award.

Reacting after the judgment, EFCC’s counsel, Dr Wahab Shittu, SAN, said the commission would appeal, arguing the suit was premature since the criminal case against Agunloye had not yet concluded.