Court Finds EFCC Liable for Defamation
The Federal Capital Territory High Court in Maitama, Abuja, has ruled against the Economic and Financial Crimes Commission (EFCC) in a defamation suit filed by former Minister of Power, Olu Agunloye. Justice Peter Kekemeke awarded N10 million in damages to Agunloye, finding that the anti-graft agency published a false and defamatory article on its social media platforms.
Judge Criticizes Sensational Headline
Justice Kekemeke declared that the EFCC failed to prove the truth of its publication titled, “EFCC arraigns Agunloye over $6 billion fraud.” The judge noted that the post used a “sensational headline” against the former minister and was unfair. “EFCC failed to prove the truth in the said publication,” the ruling stated.
Agunloye Sought N1 Billion in Damages
In 2024, Agunloye approached the court seeking N1 billion in damages, arguing that the article “damaged his good name and dragged his integrity into murky waters, alleging him to be a corrupt and fraudulent individual.” He requested a court declaration that the post was fake and defamatory, along with a retraction and apology.
EFCC Witness Acknowledged Publication
During the hearing, the EFCC presented one witness, Assistant Commissioner of Police Umar Babangida, who initially denied but later acknowledged that the publication originated from the agency’s media department. Justice Kekemeke emphasized that the EFCC was aware that Agunloye was not involved in any $6 billion fraud.
Background of Agunloye’s Trial
Agunloye is currently facing seven charges of official corruption and fraudulent activities related to the award of the Mambilla hydroelectric power contract to Sunrise Power and Transmission Company Limited. The EFCC alleged that he awarded the contract for the construction of a 3,960 MW Mambilla Hydroelectric Power Station on a Build, Operate and Transfer basis without budgetary provision, approval, or cash backing.
Judge: EFCC is an Investigative Agency, Not a News Agency
The judge described the EFCC as an investigative agency, not a news agency, and declared that the disputed post was false and defamatory. He noted that the charges in Agunloye’s ongoing trial at the Apo Division of the FCT High Court did not include fraud. The court ordered the EFCC to retract the post and publish an apology on its website and in two national newspapers. Additionally, the commission was restrained from further defaming the former minister.
EFCC Plans to Appeal
The EFCC’s lawyer, Wahab Shittu, a Senior Advocate of Nigeria, told journalists that the commission would appeal the judgment. “Though the court has delivered its judgement, we are definitely going to appeal the court’s decision,” Shittu said.
Agunloye’s Public Service Record
Olu Agunloye served as the founding Corps Marshal of the Federal Road Safety Corps (FRSC) from 1988 to 1994. He later served in President Olusegun Obasanjo’s cabinet as Minister of Defence (Navy) from 2002 to 2003 and as Minister of Power from 2003 to 2004.
