Court awards ex-Power Minister Agunloye N10m against EFCC

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The Federal Capital Territory High Court, Abuja, on Wednesday awarded N10m in damages against the Economic and Financial Crimes Commission for defaming a former Minister of Power, Dr Olu Agunloye.

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Justice Peter Kekemeke, in a judgment delivered in a N10bn suit instituted by Agunloye, held that the anti-graft agency’s publication titled, “EFCC arraigns Agunloye over $6bn fraud,” was false and defamatory.

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The former minister had sued the commission in suit marked FCT/HC/CV/1199/2024 through his counsel, Adeola Adedipe, alleging that the publication on the EFCC’s website and X handle portrayed him as a corrupt and fraudulent person and damaged his reputation.

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Delivering judgment, Justice Kekemeke held that the publication contained all the ingredients of defamation, noting that it was in a permanent form and expressly identified Agunloye.

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The judge also held that the EFCC’s sole witness, Assistant Commissioner of Police Umar Babangida, initially denied knowledge of the publication but later admitted during trial that it originated from the commission’s media department.

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He further held that the suit did not challenge the statutory powers of the EFCC to investigate financial crimes.

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Justice Kekemeke said, “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.

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“The issue of fraud is not in any of the exhibits tendered before the court in the course of hearing the case. 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 judge held that the EFCC, being an investigative agency and not a news organisation, knew that Agunloye was not being prosecuted for a ‘$6bn fraud’.

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Consequently, the court declared the publication on the commission’s official website and X handle false and defamatory.

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Justice Kekemeke ordered the EFCC to retract the publication and publish a public apology on its website and in two national newspapers.

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The court also granted a perpetual injunction restraining the commission from further publishing defamatory statements against the former minister and awarded N10m damages in his favour.

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Reacting to the judgment, counsel for the EFCC, Dr Wahab Shittu (SAN), said the commission would challenge the decision at the Court of Appeal.

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He said, “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.”

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