July 8 (THEWILL) — The Federal Capital Territory (FCT) High Court has ordered the Economic and Financial Crimes Commission (EFCC) to retract a publication that falsely alleged that Olu Agunloye, the former Minister of Power, was involved in a “$6 billion fraud.” The court deemed the report defamatory and awarded Agunloye ₦10 million in damages.
Justice Peter Kekemeke delivered the judgment on Wednesday in Abuja.
He also directed the EFCC to publicly apologize to Agunloye on its official website and in two national newspapers.
The court also issued a perpetual injunction preventing the commission from making further defamatory statements about him.
The ruling stemmed from a ₦10 billion defamation lawsuit filed by Agunloye against the EFCC over a report published on the commission’s official website and X handle with the headline, “EFCC Arraigns Agunloye Over $6 Billion Fraud.”
Agunloye’s counsel, Chief Adeola Adedipe (SAN), argued that the publication misrepresented him as a corrupt and fraudulent individual, subjecting him to public ridicule and substantially damaging his reputation.
He emphasised that while Agunloye was facing criminal charges in the FCT High Court in Apo, none of those charges involved an accusation of a “$6 billion fraud,” as suggested by the EFCC.
In his judgment, Justice Kekemeke asserted that the publication met all the legal criteria for defamation, highlighting that it was made in a permanent form, specifically identified Agunloye, and contained a false statement that could harm his reputation among reasonable members of society.
The judge noted that the EFCC’s sole witness, Assistant Commissioner of Police Umar Babangida, initially claimed ignorance of the publication but later admitted during cross-examination that it originated from the commission’s media department.
Justice Kekemeke rejected the EFCC’s defense, emphasizing that the lawsuit did not challenge the EFCC’s statutory powers to investigate or prosecute financial crimes but instead addressed its responsibility to accurately convey facts related to ongoing court proceedings.
“After reviewing the charges in the criminal case against the claimant in the FCT High Court in Apo, there is no mention of fraud that aligns with the EFCC’s publication
“The issue of fraud is not present in any of the documents submitted to this court. The EFCC has failed to prove the truth of the publication, which is unjust and does not reflect the court proceedings,” the judge stated.
The judge further stated that as an investigative agency—not a news organization—the EFCC had a duty to ensure that any information released to the public accurately represented the charges before the court.
Given that the EFCC knew Agunloye was not on trial for “$6 billion fraud,” yet still published the misleading report, the judge concluded that this action severely harmed his reputation.
As a result, the court declared the EFCC’s publication on its official website and X handle to be false, malicious, and defamatory.
In addition to awarding ₦10 million in general damages, the court ordered the EFCC to immediately retract the publication and issue an unreserved public apology on its official website and in two national dailies.
The court also granted a perpetual injunction prohibiting the commission, its officers, agents, and representatives from publishing any further defamatory statements against Agunloye relating to this matter.
Following the judgment, EFCC counsel Wahab Shittu (SAN) stated that the commission plans to challenge the verdict in the Court of Appeal.
He argued that the defamation suit was premature, given that the substantive criminal trial involving Agunloye is still pending in the FCT High Court.
“Although the court has made its ruling, the claimant’s criminal case has yet to conclude, and a judgment has not been rendered. We will appeal this decision,” Shittu said.
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