COURT ORDERS EFCC TO PAY AGUNLOYE N10m OVER DEFAMATORY ‘$6bn FRAUD PUBLICATION’
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A high court in the Federal Capital Territory has told the Economic and Financial Crimes Commission (EFCC) to give Olu Agunloye, who used to be the minister of power, N10 million as compensation because they wrongly accused him in a post on their website and social media.
The judge, Peter Kekemeke, also told the EFCC to take down the post, apologize publicly on their website and in two major national newspapers, and not to make any more false statements about the former minister.
The judgement followed a suit filed by Agunloye over a post published on the EFCC’s website and X handle titled, “EFCC arraigns Agunloye over $6 billion fraud”.
In the suit marked FCT/HC/CV/1199/2024, Agunloye argued that the publication falsely portrayed him as corrupt and fraudulent, thereby damaging his reputation.
He asked the court to declare the publication false and defamatory, order the EFCC to retract it and issue an unreserved apology, and award him N1 billion in general and exemplary damages.
In his judgement, Kekemeke ruled that Agunloye had established the essential elements of defamation, including that the publication was in a permanent form, referred to him, and was capable of lowering his reputation in the eyes of reasonable members of the public.
The judge noted that Umar Hussain Babangida, an assistant commissioner of police who testified for the EFCC, initially denied knowledge of the publication but later admitted that it originated from the commission’s media department.
Kekemeke said the case was not a challenge to the EFCC’s statutory powers to investigate financial crimes.
He said that after looking at the criminal case against Agunloye in the Apo division of the FCT high court, he didn’t find any claims of fraud.
The judge explained that the word “fraud” wasn’t in any of the court documents or evidence presented, even though it was a big part of what he called the EFCC’s “sensational headline.”
Kekemeke also said the defendant didn’t show that the story was true, and that it wasn’t based on real court events.
He also held that the EFCC, as an investigative agency, knew that Agunloye was not involved in a $6 billion fraud.
The judge concluded that the former minister had proved malice against the commission and entered judgement in his favour.
Reacting to the ruling, Wahab Shittu, counsel to the EFCC, said the commission would appeal the judgement.
“Though the court has delivered its judgement, we are definitely going to appeal the court’s decision,” Shittu said.He argued that the defamation suit was premature because the criminal case against Agunloye is yet to be concluded.
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