The Federal Capital Territory High Court in Maitama, Abuja, has found the Economic and Financial Crimes Commission (EFCC) liable for defaming former Minister of Power, Olu Agunloye, over a social media publication alleging he was involved in a “$6 billion fraud”.
Justice Peter Kekemeke ruled that the EFCC’s publication, titled “EFCC arraigns Agunloye over $6 billion fraud”, was false and defamatory, holding that it damaged the former minister’s reputation.
Agunloye had filed the suit, marked FCT/HC/CV/1199/2024, arguing that the publication on the EFCC’s official website and X account portrayed him as a corrupt and fraudulent individual, thereby tarnishing his reputation. He asked the court to declare the publication defamatory, order its retraction with a public apology, and award him N1 billion in damages.
In his judgment, Justice Kekemeke held that the essential elements of defamation had been established, noting that the publication was permanent, specifically identified Agunloye and was capable of lowering his reputation in the eyes of reasonable members of the public.
The judge also observed that the EFCC’s sole witness, Assistant Commissioner of Police Umar Hussain Babangida, eventually admitted that the publication originated from the commission’s media department after initially denying knowledge of it.
The court said the case was not about challenging the EFCC’s constitutional powers to investigate financial crimes but whether the publication accurately reflected the criminal charges against Agunloye.
After reviewing the charge before the Apo Division of the FCT High Court, Justice Kekemeke found that it contained no allegation of “$6 billion fraud”. He described the EFCC’s headline as sensational and ruled that the commission failed to prove the truth of its claims.
The judge further stated that the EFCC, as an investigative agency rather than a news organisation, knew Agunloye was not facing any charge relating to a $6 billion fraud or any fraud offence.
The court consequently declared the publication false and defamatory, ordered the EFCC to retract it and publish an unreserved apology on its website and in two national newspapers. It also issued a perpetual injunction restraining the commission from further defamatory publications against Agunloye and awarded him N10 million in damages.
Reacting to the judgment, EFCC counsel Wahab Shittu said the commission would appeal the ruling.
Shittu argued that the defamation suit was premature because the criminal case against Agunloye had not yet been concluded.
“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” he said.
