Defamation: EFCC appeals against judgement awarding N10m damages to ex-minister

Nigeria's Economic and Financial Crimes Commission (EFCC) is challenging a High Court decision that ordered it to pay N10 million in damages for defaming former Minister of Power, Olu Agunloye. The anti-graft agency has filed an appeal and requested a stay of execution to prevent the judgment from being enforced while the appeal is pending.

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The orders the Commission is seeking in the appeal are orders allowing the appeal, setting aside the whole of the judgment, dismissing Agunloye’s claim before the trial court in its entirety and any other order the court may deem fit to make in the circumstances of the appeal.

The FCT High Court had ruled the EFCC liable for a libelous article published on its social media accounts. The court found the post, which carried a "sensational headline," to be unfair to Agunloye. This judgment stemmed from a lawsuit filed by Agunloye, who sought N1 billion in damages over an article titled "EFCC arraigns Agunloye over $6 billion fraud."

EFCC's head of media and publicity, Dele Oyewale, confirmed the appeal was filed on Friday with 11 grounds. The commission seeks to have the entire judgment set aside and Agunloye's claim dismissed. The EFCC's lawyer, Wahab Shittu, had previously stated the commission's intention to appeal immediately after the verdict.

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sensational headline

While the EFCC alleged Agunloye awarded a contract for the Mambilla hydroelectric power station without proper provisions, Justice Peter Kekemeke ruled that the specifics of the charges in Agunloye's ongoing trial did not include the fraud mentioned in the EFCC's article. The judge had also ordered the EFCC to retract the post and issue an apology. As of this report, no date has been set for the appeal hearing.

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Though the court has delivered its judgement, we are definitely going to appeal the court’s decision.