The Federal Capital Territory High Court in Maitama, Abuja, has ruled that the Economic and Financial Crimes Commission (EFCC) defamed former Minister of Power, Olu Agunloye, over a publication made on its official social media platforms.
Delivering judgment, Justice Peter Kekemeke awarded Mr Agunloye ₦10 million in damages, holding that the anti-graft agency failed to establish the truth of the publication, which the court described as false, unfair and defamatory.
The suit was filed in 2024 after the EFCC published an article with a headline alleging that Mr Agunloye had been arraigned over a “$6 billion fraud.” The former minister argued that the publication seriously damaged his reputation and falsely portrayed him as a corrupt individual.
Through his counsel, Mr Agunloye sought a declaration that the publication was defamatory, requested its retraction along with a public apology, and demanded ₦1 billion in general and exemplary damages.
During the trial, the EFCC presented an Assistant Commissioner of Police, Umar Babangida, as its witness. The witness later acknowledged that the publication originated from the commission’s media department.
In his judgment, Justice Kekemeke held that the EFCC was aware that the charges against Mr Agunloye did not involve allegations of a $6 billion fraud. The court noted that the ongoing criminal case against the former minister relates to allegations surrounding the award of the Mambilla Hydroelectric Power Project contract and does not include a fraud charge.
Mr Agunloye is currently facing seven counts linked to the award of the Mambilla Hydroelectric Power Station contract to Sunrise Power and Transmission Company Limited. The EFCC alleges that the contract was awarded without the necessary budgetary provision, approval and financial backing.
The judge emphasised that the EFCC is an investigative agency and should not publish misleading information capable of damaging an individual’s reputation. He ordered the commission to retract the publication, issue a public apology on its official website and in two national newspapers, and refrain from making further defamatory statements against the former minister.
Justice Kekemeke also clarified that the lawsuit did not challenge the EFCC’s constitutional authority to investigate economic and financial crimes but focused solely on the defamatory publication.
Reacting to the judgment, EFCC counsel Wahab Shittu announced that the commission intends to appeal the court’s decision.
