The High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has held the Economic and Financial Crimes Commission (EFCC) liable for defaming former Minister of Power, Olu Agunloye, over a social media publication linking him to an alleged $6 billion fraud.
The court found that the claim was false and misleading because the criminal charges filed against Agunloye made no reference to any $6 billion fraud.
Justice Peter Kekemeke delivered the judgment on Wednesday, ruling that the EFCC’s publication on its official website and X handle, titled “EFCC Arraigns Agunloye Over $6 Billion Fraud,” was false, defamatory and damaging to the former minister’s reputation.
“The publication was permanent, specifically identified Agunloye, and contained allegations unsupported by the criminal charges filed against him,” Justice Kekemeke held, adding that the EFCC failed to establish the truth of the headline, which did not fairly reflect the actual court proceedings.
The court awarded Agunloye ₦10 million in damages and ordered the EFCC to retract the publication. It also directed the commission to publish an unreserved apology on its website and in two national newspapers.
Justice Kekemeke further granted a perpetual injunction restraining the EFCC from publishing further defamatory statements against Agunloye.
Agunloye had filed the suit, marked FCT/HC/CV/1199/2024, through his counsel, Adeola Adedipe (SAN), seeking ₦1 billion in damages. He argued that the EFCC’s publication falsely portrayed him as corrupt and fraudulent, thereby damaging his reputation.
Reacting to the judgment, counsel to the EFCC, Dr. Wahab Shittu (SAN), said the commission would challenge the decision at the Court of Appeal.
“Though the court has delivered its judgment, we are definitely going to appeal the court’s decision,” Shittu said, maintaining that the defamation suit was premature because the criminal proceedings against Agunloye are still pending.