Jelili Gbadamosi
A High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has awarded ₦10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming former Minister of Power, Olu Agunloye.
Delivering judgment on Wednesday, Justice Peter Kekemeke held that the anti-graft agency published a false and defamatory statement against Agunloye on its official website and X handle.
The former minister had instituted a N10 billion defamation suit against the EFCC, challenging a publication titled, “EFCC arraigns Agunloye over $6 billion fraud,” which he argued damaged his reputation and portrayed him as a corrupt and fraudulent individual.
Through his counsel, Adeola Adedipe, Agunloye sought a declaration that the publication was false and defamatory, an order compelling the EFCC to retract the publication and issue a public apology, and ₦1 billion as general and exemplary damages.
In his judgment, Justice Kekemeke held that the essential elements of defamation had been established, noting that the publication was made in a permanent form, specifically referred to Agunloye, and injured his reputation in the eyes of reasonable members of the public.
The judge further observed that the EFCC’s sole witness, Assistant Commissioner of Police, Umar Hussain Babangida, initially denied knowledge of the publication but later admitted that it originated from the commission’s media department.
Justice Kekemeke stated that after reviewing the criminal charges filed against Agunloye before the Apo Division of the FCT High Court, there was nowhere in the charge that alleged fraud, contrary to the commission’s publication.
He described the headline used by the EFCC as sensational, noting that the issue of fraud was not contained in any of the exhibits tendered before the court.
According to the judge, the EFCC failed to prove the truth of the publication and, as an investigative agency rather than a news organisation, ought to have known that Agunloye was not facing charges of a $6 billion fraud or any fraud-related offence.
The court consequently held that malice had been established by the claimant and entered judgment in his favour.
Justice Kekemeke declared the publication on the EFCC’s website and X handle false and defamatory and ordered the commission to retract it and publish an apology on its website and in two national newspapers.
The court also issued a perpetual injunction restraining the EFCC from further defaming the former minister and awarded ₦10 million in damages against the anti-graft agency.
Reacting to the judgment, counsel to the EFCC, Wahab Shittu, said the commission would challenge the ruling at the appellate court.
According to him, the suit was premature because the criminal case against Agunloye had not been concluded.
“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” Shittu said.
