Justice Peter Kekemeke of the FCT High Court, on Wednesday, awarded N10 million in damages against the Economic and Financial Crimes Commission (EFCC) for defaming the reputation of former Minister of Power, Dr Olu Agunloye.
The judge found the commission guilty of defamation while delivering judgement in a N10 billion suit filed against the EFCC by Agunloye.
Agunloye claimed that the publication on the commission’s Website and X (formerly Twitter) handle, entitled “EFCC arraigns Agunloye over $6 billion fraud”, damaged his reputation.
Agunloye had, through his counsel, Adeola Adedipe SAN, in a suit marked FCT/HC/CV/1199/2024, claimed that the EFCC harmed his reputation.
He added that he (Agunloye) was said to be a corrupt and fraudulent individual through a post published on its official website and other allied online platforms, with the caption, “EFCC arraigns Agunloye over $6 billion fraud”.
Delivering judgement, Justice Kekemeke held that there were elements of defamation in the posts.
The judge held that in the instant case, the contentious publication is in permanent form, adding that Agunloye’s name was mentioned.
The court further held that EFCC’s sole witness in the case, Assistant Commissioner of Police Umar Babangida, inspite of the fact that he initially denied knowledge of the said publication, later owned up and admitted that it was from the defendant’s media department.
He held that the case before him does not challenge EFCC’s power to investigate economic and financial crime as claimed by the defendant.
“Having gone through the charge in the criminal case against the claimant before FCT High Court in Apo, there is no where in it that claimed fraud, contrary to the EFCC publication.
“The issue of fraud is not in any of the exhibits tendered before the court in the course of hearing the case.
”The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings,” the judge held.
He held that the EFCC was not a news agency but an investigative agency.
Justice Kekemeke held that the commission knew that Agunloye was not involved in a fraud of $6 billion.
The court declared the contentious publication on EFCC official website and X handle as false and defamatory.
The judge ordered the commission to retract the publication and offer public apology on its website and two other national dailies.
The court further ordered a perpetual injunction restraining EFCC from defaming the former minister.
Reacting to the judgement in an interview with newsmen, counsel for the EFCC, Dr Wahab Shittu SAN, declared the commission will appeal the judgement.
“Though the court has made its pronouncement, the case is premature as the claimant’s criminal charge is yet to be concluded and judgement delivered”, he said.
