The Federal Capital Territory (FCT) High Court in Maitama, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to pay ₦10 million in damages to former Minister of Power, Dr. Olu Agunloye, after finding the agency liable for defaming him through a publication alleging he was involved in a $6 billion fraud.
Justice Peter Kekemeke, who delivered the judgment on Wednesday, ruled that the EFCC’s post on its official website and X (formerly Twitter) account, titled *“EFCC arraigns Agunloye over $6 billion fraud,”* was false, defamatory and harmful to the former minister’s reputation.
The court also directed the anti-graft agency to remove the publication and issue an unreserved apology on its website and in two national newspapers.
Agunloye had approached the court in suit FCT/HC/CV/1199/2024, filed through his counsel, Adeola Adedipe (SAN), seeking ₦1 billion in general and exemplary damages. He argued that the EFCC’s publication falsely portrayed him as corrupt and linked him to a fraud allegation that was not contained in the charges against him.
In his ruling, Justice Kekemeke stated that the requirements for defamation had been established, noting that the publication was permanent, clearly referred to Agunloye, and was capable of lowering his reputation in the eyes of reasonable members of the public.
The judge also pointed out that the EFCC’s only witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication before later admitting it was issued by the commission’s media department.
Justice Kekemeke explained that while the EFCC has the legal authority to investigate financial crimes, the issue before the court was whether the information it published accurately reflected the facts.
After reviewing the criminal charges pending against Agunloye before the Apo Division of the FCT High Court, the judge found that none of the counts accused him of involvement in a $6 billion fraud, contrary to the headline published by the commission.
He described the headline as sensational and misleading, holding that the EFCC failed to prove the truth of the publication or show that it fairly represented the proceedings before the court.
The judge further held that the commission knew Agunloye had neither been charged with nor accused of a $6 billion fraud, making the publication malicious. He therefore declared it false and defamatory, ordered its retraction, and granted a perpetual injunction restraining the EFCC from publishing further defamatory statements against the former minister.
Reacting to the judgment, counsel to the EFCC, Dr. Wahab Shittu (SAN), said the commission would challenge the ruling at the Court of Appeal.
According to him, the defamation suit was filed prematurely because the criminal proceedings against Agunloye are still ongoing.
“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” Shittu said.
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