Court awards N10 million damages against EFCC for defaming ex-minister Olu Agunloye

“EFCC failed to prove the truth in the said publication,” the judge ruled, holding that the post was unfair and used a "sensational headline."

The FCT High Court in Maitama, Abuja, on Wednesday, held the Economic and Financial Crimes Commission (EFCC) liable for defamation against the former Minister of Power, Olu Agunloye.

Judge Peter Kekemeke awarded N10 million against the EFCC for publishing the libelous article on its social media platforms against Mr Agunloye.

“EFCC failed to prove the truth in the said publication,” the judge ruled, holding that the post was unfair and used a “sensational headline” against the former minister.

In 2024, the former Minister approached the court seeking N1 billion damages against the anti-graft agency for the publication of an article, titled, “EFCC arraigns Agunloye over $6 billion fraud.”

Mr Agunloye noted that the article “damaged his good name and dragged his integrity into murky waters, alleging him to be a corrupt and fraudulent individual.”

He asked that the court declare EFCC’s post fake and defamatory, and a retraction of the post followed by apologies.

Mr Agunloye, through his lawyer, Adedipe Adeola, a Senior Advocate of Nigeria (SAN), asked for N1billion as general and exemplary damages against the anti-graft agency.

During the the hearing of the case, EFCC presented one witness, an assistant commissioner of police, Umar Babangida, who acknowledged that the publication came from the anti-graft agency’s media department even though he initially denied this.

On Wednesday, the judge stated the EFCC was aware that Mr Agunloye was not involved in $6 billion fraud.

Mr Agunloye is facing seven charges of official corruption and fraudulent that stemmed from the award of the Mambilla hydroelectric power contract to Sunrise Power and Transmission Company Limited.

The EFCC alleged that Mr Agunloye awarded a contract, titled, ‘Construction of 3,960mw Mambilla Hydroelectric Power Station on a Build, Operate and Transfer Basis.’ to Sunrise Power and Transmission Company Limited without any budgetary provision, approval and cash backing.

The judge, who described the EFCC as an investigative agency and not a news agency, declared that the disputed post by the agency was false and defamatory.

Mr Kekemeke noted that the details of the charges in Mr Agunloye’s ongoing trial at the Apo Division of the FCT High Court did not include fraud.

The judge ordered EFCC to retract the post and apologise to Mr Agunloye on its website and two national newspapers.

He also restrained the commission from further defaming the former minister and awarded N10 million in damages against the anti-graft agency.

Mr judge noted that the suit “did not challenge EFCC’s power to investigate economic and financial crimes as claimed by the defendant.”

EFCC’s lawyer, Wahab Shittu, a Senior Advocate of Nigeria, told journalists that the commission would go on appeal to challenge the judgement.

“Though the court has delivered its judgement, we are definitely going to appeal the court’s decision,” Mr Shittu said.

Mr Agunloye, the founding Corps Marshal of the Federal Road Safety Corps (FRSC) from 1988 to 1994, served in the then-President Olusegun Obasanjo’s cabinet, first, as the Minister of Defence (Navy) from 2002 to 2003 and later as the Minister of Power from 2003 to 2004.