Federal Court Orders EFCC to Compensate Former Minister for Defamation
In a significant ruling, Judge Peter Kekemeke of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC) to pay former Minister of Power, Dr. Olu Agunloye, a total of N10 million in damages due to defamatory publications by the commission. The judgment was delivered on Wednesday, marking a notable victory for Agunloye against the anti-corruption body.
Justice Kekemeke determined that the EFCC had adversely impacted Agunloye’s reputation through defamatory content shared on its official social media platforms. The former minister had previously filed a defamation suit against the EFCC seeking N1 billion for the harm caused by the commission’s assertions of his involvement in fraudulent activities.
This legal battle, noted as case number FCT/HC/CV/1199/2024, was initiated by lawyer Adeola Adedipe (SAN). It centered around articles published on the EFCC’s website and social media, which claimed Agunloye was implicated in a $6 billion fraud. The plaintiff contended that these statements painted him as corrupt and diminished his integrity.
Agunloye requested the court to declare the EFCC’s statements as false and libelous, seeking not only a retraction of the defamatory publications but also an unequivocal apology from the commission. In addition to the damages, he sought a public acknowledgment to correct the record of his reputation.
In delivering the judgment, Justice Kekemeke elaborated on the components of defamation, stressing that a statement must be published in a manner that can be deemed permanent, must identify the individual in question, and should be presented in a way that can damage that person’s reputation in the eyes of the public. The judge underscored that the contested content met these criteria, clearly identifying Agunloye and presenting him in a negative light.
Despite the EFCC’s argument surrounding its role as an investigative agency, the court highlighted that its sole witness, Permanent Commissioner of Police Umar Hussein Babangida, had initially denied knowledge of the implicated publication but ultimately conceded that the materials originated from the EFCC’s media wing. The judge emphasized that there were no supporting allegations of fraud in the ongoing criminal proceedings against Agunloye, countering the sensational nature of the EFCC’s statements.
Justice Kekemeke concluded that the EFCC had failed to substantiate its claims regarding Agunloye’s alleged fraudulent activities. He pointed out that the commission, despite its mandate, had the responsibility to uphold accurate representations and could not treat its public communications as mere statements of fact without evidence.
Following the ruling, EFCC lawyer Dr. Wahab Shittu (SAN) announced plans to appeal, arguing that the court’s decision was premature given that the criminal proceedings against Agunloye were still underway. Shittu expressed his intention to challenge the judgment, emphasizing that the court had overlooked the context of the ongoing case.
