Court Orders EFCC To Apologise, Pay Agunloye N10m Over Defamatory ‘$6bn fraud’ Publication

A High Court of the Federal Capital Territory (FCT) sitting at Maitama has ordered the Economic and Financial Crimes Commission (EFCC) to pay a fine of N10million for defaming a former Minister of Power, Dr. Olu Agunloye, through a libelous publication on its social media handles.

The court, in a judgment delivered by Justice Peter Kekemeke, found that the anti-graft agency damaged the claimant’s reputation.

Agunloye, in a N10billion defamation claim he filed before the court, insisted that the publication the EFCC carried on its website and X (formerly Twitter) handle, titled: “EFCC arraigns Agunloye over $6billion fraud,” tarnished his image and occasioned reputational damage against him.

In the writ of summons marked FCT/HC/CV/1199/2024, which he filed through his team of lawyers led by Mr. Adeola Adedipe, SAN, he claimed that the agency dented his good name and dragged his integrity into the mud.

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He told the court that the commission accused him of being a corrupt and fraudulent individual through the defamatory post it shared on its official website and other allied online platforms.

He prayed the court to declare that the post was false and defamatory.

Besides, he sought an order for EFCC to retract the publication against him and tender an unreserved apology.

He equally sought the award of N1billion to him as general and exemplary damages.

Delivering judgment in the matter on Wednesday, Justice Kekemeke held that the publication the claimant complained about had all the ingredients of defamation.

He held that the publication made by the EFCC was in permanent form with the name of the claimant mentioned.

The court further held that EFCC’s sole witness in the case, an Assistant Commissioner of Police, Umar Hussain Babangida, despite initially denying knowledge of the said publication, later admitted that it was from the defendant’s media department.

According to the judge, the case did not challenge EFCC’s power to investigate economic and financial crimes as claimed by the defendant.

He noted that having gone through the charge in the criminal case against the claimant before the Apo Division of the FCT High Court, there is nowhere in it that alleges fraud, contrary to the EFCC’s publication.

The court added that the issue of fraud is not in any of the exhibits tendered before it in the course of hearing the case, as stated in what it described as a “sensational headline” in the publication.

The judge held that EFCC failed to prove the truth of the said publication.

Stressing that the EFCC is not a  news outlet but an investigative agency, Justice Kekemeke held that the commission knew that Agunloye was not involved in a fraud of $6billion.

The court held that the claimant successfully proved that the publication against him was accentuated by malice, and resolved issues one and two in favour of the former minister.

The court declared that the contentious publication on EFCC’s official website and X handle was false and defamatory.

It ordered the commission to retract the publication and offer a public apology to the claimant on its website and in two other national dailies.

The court further issued an order of perpetual injunction restraining EFCC from defaming the former minister.

Meantime, reacting to the judgment on Wednesday, counsel for EFCC, Dr. Wahab Shittu, SAN, said the commission would file an appeal to challenge it.

Shittu, SAN, contended that the case was premature, as the claimant’s criminal charge had yet to be concluded and judgment delivered.

“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” he added.