Court orders EFCC to apologise, pay Agunloye N10m over defamatory ‘$6bn fraud’ publication

Court orders EFCC to apologise, pay Agunloye N10m over defamatory ‘$6bn fraud’ publication

 A Federal Capital Territory (FCT) high court has ordered the
Economic and Financial Crimes Commission (EFCC) to pay Olu Agunloye, former
minister of power, N10 million in damages for defaming him through a
publication on its website and social media platforms.

 

Peter Kekemeke, the presiding judge, also directed the
anti-graft agency to retract the publication, publish a public apology on its
website and in two national newspapers, and refrain from making further
defamatory 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 added that, after reviewing the criminal charge pending
against Agunloye before the Apo division of the FCT high court, he found no
allegation of fraud.

 

According to the judge, the word “fraud” did not appear in
any of the charge documents or exhibits before the court, despite featuring
prominently in what he described as the EFCC’s “sensational headline”.

 

Kekemeke held that the defendant failed to prove the truth
of the publication, adding that it did not represent court proceedings.

 

 

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.

Source: Court orders EFCC to apologise, pay Agunloye N10m over defamatory ‘$6bn fraud’ publication

 - NigerianEye

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