Court awards ex-Power Minister Agunloye N10m against EFCC

The Federal Capital Territory High Court in Abuja has awarded 10 million Nigerian Naira (approximately $6,200 USD) in damages against the Economic and Financial Crimes Commission (EFCC). The court ruled that the anti-graft agency defamed former Minister of Power, Dr. Olu Agunloye, through a publication that falsely accused him of involvement in a '$6 billion fraud'.

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Having gone through the charge in the criminal case against the claimant before an FCT High Court in Apo, there is nowhere in it that claimed fraud, contrary to the EFCC publication.

Justice Peter Kekemeke delivered the judgment in a suit filed by Agunloye, who sought 10 billion Naira in damages. The court found the EFCC's publication on its website and X (formerly Twitter) handle to be false and defamatory, stating it portrayed the former minister as corrupt and fraudulent, thereby damaging his reputation. The judge noted that the publication contained all elements of defamation and was in a permanent form, explicitly identifying Agunloye.

The court's decision highlighted inconsistencies in the EFCC's defense, including the sole witness's initial denial and subsequent admission of the publication originating from the commission's media department. Justice Kekemeke emphasized that the criminal charge against Agunloye did not mention fraud, contrary to the EFCC's publication. The judge stated, "The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings."

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The EFCC failed to prove the truth in the said publication. That is not fair and does not represent the court’s proceedings.

Consequently, the court declared the EFCC's publication false and defamatory. It ordered the EFCC to retract the statement, publish a public apology on its website and in two national newspapers, and pay Agunloye 10 million Naira in damages. The court also issued a perpetual injunction restraining the EFCC from making further defamatory statements against the former minister. The EFCC's counsel, however, indicated that the commission would challenge the judgment at the Court of Appeal, arguing the case was premature as Agunloye's criminal charge was still pending.

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Though the court has made its pronouncement, the case is premature as the claimant’s criminal charge is yet to be concluded and judgment delivered.