Court orders EFCC to apologise, pay Agunloye N10m over defamatory publication

The High Court of the Federal Capital Territory (FCT), in Maitama, recently awarded a damage sum of N10 million against the Economic and Financial Crimes Commission (EFCC) for defamation against former Minister of Power, Dr. Olu Agunloye via publications on the anti-graft body’s websites and social media handles.

In his ruling delivered on Wednesday, Justice Peter Kekemeke opined that the EFCC made false and libelous publications about the prosecution of Agunloye for committing fraud which was not true.

According to the judge, such publication of false information was capable of damaging the reputation of Agunloye.

Agunloye had approached the court through his counsel, Adeola Adedipe (SAN), in a suit marked FCT/HC/CV/1199/2024.

He argued that the EFCC defamed him by publishing a report titled “EFCC arraigns Agunloye over $6 billion fraud,” which he maintained falsely portrayed him as facing fraud charges.

Justice Kekemeke held that the claimant sufficiently established the elements of defamation through the evidence he presented in court.

He identified such elements of defamation as the publication of a statement in permanent form; the publication refers to someone; and it injures the person’s reputation in the sight of reasonable members of the public.

The judge held that, in Agunloye, the contentious publications were in a permanent form and mentioned the claimant’s name.

He found that EFCC’s sole witness in the case – Assistant Commissioner of Police Umar Hussain Babangida – after initially denying knowledge of the said publication, later admitted that it was made by the defendant’s media department.

Justice Kekemeke said Agunloye’s case was not a challenge of EFCC’s power to investigate economic and financial crime as claimed by the defendant.

The judge said that, having gone through the charge in the criminal case against the claimant before the High Court of the FCT in Apo, he saw nowhere in it that mentioned fraud, contrary to the EFCC’s publication.

He noted that the issue of fraud was not in any of the exhibits tendered before the court during the course of the hearing, describing the title of the publication in issue as a “sensational headline.”

Justice Kekemeke, who found that the EFCC failed to prove the truth of the said publication, held that it was unfair and did not represent the proceedings in court.

He noted that the EFCC is not a news agency but an investigative agency, adding that the defendant knew that Agunloye was not involved in a $6b fraud or any fraud at all.

Malice was found to be sufficiently proved by the claimant, and he ruled in favour of the claimant on the two issues raised.

Justice Kekemeke noted that the publications which were made through the official website of EFCC and X handle were false and defamatory.

He ordered the defendant to withdraw the publication and to apologize publicly to the claimant in its website and in two national dailies.

The judge, who gave a perpetual injunction against EFCC not to defame the claimant in future, gave a judgment for N10m damages against the commission.

Commenting on the ruling of the court, lawyer of EFCC, Dr. Wahab Shittu (SAN) disclosed that his client will file an appeal.

According to Shittu, although the court has given its judgment, it was too early because the prosecution of the claimant was ongoing at another High Court of the FCT.