Court Fines EFCC N10m Over Defamatory Publication Against Ex-Power Minister Agunloye

A High Court of the Federal Capital Territory (FCT) in Maitama has awarded N10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming former Minister of Power, Dr Olu Agunloye, through publications on its website and social media platforms.

Justice Peter Kekemeke, in a judgment delivered on Wednesday, held that the anti-graft agency defamed Agunloye by publishing claims that he was being prosecuted for fraud, a claim the court found was not supported by the criminal charge before it.

Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, against the EFCC through his lawyer, Adeola Adedipe (SAN), challenging a publication by the commission titled: “EFCC arraigns Agunloye over $6 billion fraud.”

In his ruling, Justice Kekemeke held that the former minister established the key elements required to prove defamation, including that the statement was published in a permanent form, referred to him and had the effect of damaging his reputation before members of the public.

The judge noted that the EFCC’s publication was made online, carried Agunloye’s name and was therefore capable of affecting his reputation.

Justice Kekemeke also faulted the evidence presented by the EFCC, stating that the commission’s sole witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication before later admitting that it was issued by the agency’s media department.

The court clarified that Agunloye’s case was not a challenge to the EFCC’s constitutional responsibility to investigate economic and financial crimes, but rather a complaint about the accuracy and effect of the publication.

Justice Kekemeke said that after examining the criminal charge filed against Agunloye before the FCT High Court in Apo, he found no reference to fraud as alleged in the EFCC’s publication.

He ruled that the issue of fraud was not contained in the charge or evidence presented before the court, describing the EFCC’s headline as a “sensational headline” that did not accurately represent the proceedings.

The judge held that the EFCC failed to prove the truth of the publication and concluded that the statement was unfair and defamatory.

The court consequently awarded N10 million damages against the commission in favour of Agunloye.

Counsel to the EFCC indicated that the agency would appeal the judgment.