The High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has found the Economic and Financial Crimes Commission (EFCC) liable for defaming former Minister of Power, Dr. Olu Agunloye, over a social media publication linking him to an alleged $6 billion fraud.

Justice Peter Kekemeke, in a judgment delivered on Wednesday, held that the anti-graft agency’s publication on its official website and X (formerly Twitter) handle, titled “EFCC arraigns Agunloye over $6 billion fraud,” was false, defamatory, and injurious to the former minister’s reputation.

The court also awarded ₦10 million in damages against the EFCC and ordered the commission to retract the publication and publish an unreserved apology on its website and in two national newspapers.

Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, through his counsel, Adeola Adedipe (SAN), seeking ₦1 billion in general and exemplary damages.

He argued that the EFCC’s publication portrayed him as corrupt and fraudulent, thereby damaging his reputation.

In his judgment, Justice Kekemeke outlined the essential ingredients of defamation, namely that a statement must be published in a permanent form, refer to the claimant, and lower the person’s reputation in the estimation of reasonable members of society.

The judge held that all the elements were established in the case, noting that the publication was permanent, specifically identified Agunloye, and contained allegations unsupported by the criminal charges filed against him.

The court observed that the EFCC’s sole witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication but later admitted it originated from the commission’s media department.

Justice Kekemeke further held that while the EFCC has the statutory mandate to investigate financial crimes, the case before the court was not about the commission’s investigative powers but the accuracy of its public statements.

After reviewing the criminal charge pending against Agunloye before the Apo Division of the FCT High Court, the judge found that none of the counts alleged a $6 billion fraud, contrary to the headline published by the EFCC.

Describing the headline as sensational, the court ruled that the commission failed to establish the truth of the publication and that it did not fairly reflect the actual court proceedings.

The judge stressed that the EFCC, as an investigative agency, was expected to communicate facts accurately and knew that Agunloye was neither charged with nor accused of committing a $6 billion fraud.

He consequently held that the publication was malicious, resolved the issues in favour of the claimant, and declared the publication on the EFCC’s website and X handle false and defamatory.

In addition to ordering the retraction and public apology, the court granted a perpetual injunction restraining the EFCC from making further defamatory publications against the former minister.

Reacting to the judgment, counsel to the EFCC, Dr. Wahab Shittu (SAN), said the commission would challenge the decision at the Court of Appeal.

According to him, the defamation suit was premature because the criminal proceedings against Agunloye are still pending.

“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” Shittu said. (The Guardian)

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