Justice Kekemeke Finds EFCC Publication False and Defamatory in Agunloye Suit, Awards ₦10m Damages
The High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has ruled that the Economic and Financial Crimes Commission (EFCC) defamed former Minister of Power, Dr. Olu Agunloye, through a publication on its official website and social media platforms.
Justice Peter Kekemeke delivered the judgment in a defamation suit filed by Agunloye against the anti-graft agency. The former minister challenged an EFCC publication titled “EFCC Arraigns Agunloye Over $6 Billion Fraud,” arguing that it falsely portrayed him as being involved in a fraud case and seriously damaged his reputation.
In his suit, Agunloye contended that the publication wrongly presented him as a corrupt and fraudulent individual. He asked the court to declare the statement defamatory, order the EFCC to retract it and issue a public apology, and award him damages.
While delivering judgment, Justice Kekemeke explained that a successful defamation claim requires proof that a statement was published in a permanent form, referred to the claimant, and was capable of lowering the person’s reputation in the eyes of reasonable members of the public.
The court found that all these elements had been established. It also noted that although the EFCC’s witness initially denied knowledge of the publication, he later admitted that it originated from the commission’s media department.
Justice Kekemeke further stated that the case was not about the EFCC’s authority to investigate financial crimes. Rather, the issue before the court was whether the agency’s publication accurately reflected the criminal charges filed against Agunloye.
After reviewing the charge pending before the Apo Division of the FCT High Court, the judge held that it contained no allegation of “$6 billion fraud.” He added that none of the evidence presented before the court supported the headline used by the EFCC, describing it as sensational and misleading.
The court concluded that the EFCC failed to establish the truth of the publication and that the report did not fairly represent the actual court proceedings. Justice Kekemeke also held that the commission knew Agunloye was neither charged with nor accused of committing a $6 billion fraud, finding that malice had been established.
Consequently, the court declared the publication on the EFCC’s official website and X account to be false and defamatory. It ordered the commission to withdraw the publication, publish an apology on its website and in two national newspapers, and refrain from making further defamatory statements against the former minister.
In addition, the court awarded Agunloye ₦10 million in damages.
Reacting to the judgment, counsel to the EFCC, Dr. Wahab Shittu (SAN), disclosed that the commission would challenge the decision at the Court of Appeal. He maintained that the defamation suit was premature because the criminal case against Agunloye is still pending and has not yet been concluded.
