Court Orders EFCC to Apologise, Pay Agunloye ₦10 Million Over Defamatory '$6 Billion Fraud' Publication

A High Court of the Federal Capital Territory (FCT) has ordered the Economic and Financial Crimes Commission (EFCC) to pay ₦10 million in damages to former Minister of Power, Olu Agunloye, after ruling that a publication by the commission was defamatory.

The judgment, delivered by Justice Peter Kekemeke, also directed the EFCC to retract the publication, issue a public apology on its official website and in two national newspapers, and refrain from making any further defamatory statements against the former minister.

The lawsuit stemmed from a post published on the EFCC's official website and X (formerly Twitter) account under the headline: "EFCC Arraigns Agunloye Over $6 Billion Fraud."

Agunloye argued that the headline falsely portrayed him as being on trial for fraud, damaging his reputation. In the suit marked FCT/HC/CV/1199/2024, he sought a declaration that the publication was false and defamatory, a public retraction and apology, as well as ₦1 billion in general and exemplary damages.

In his ruling, Justice Kekemeke held that Agunloye successfully proved the essential elements of defamation. The court found that the publication was permanent in form, clearly identified the claimant, and was capable of lowering his reputation in the eyes of reasonable members of the public.

During the proceedings, Umar Hussain Babangida, an Assistant Commissioner of Police who testified on behalf of the EFCC, initially denied knowledge of the publication before later admitting that it originated from the commission's media department.

The judge clarified that the case was not about the EFCC's constitutional authority to investigate financial crimes. Rather, the central issue was whether the commission had published false and defamatory information.

After examining the criminal charges currently pending against Agunloye before the Apo Division of the FCT High Court, the court found that none of the charges contained any allegation of fraud. Justice Kekemeke noted that the word "fraud" did not appear in any of the charge documents or evidence presented, despite being prominently used in the EFCC's headline.

The court concluded that the EFCC failed to prove the truth of its publication and ruled that the headline did not accurately reflect the actual charges before the court. Justice Kekemeke further stated that the commission, as the investigating authority, knew Agunloye was not standing trial for a "$6 billion fraud" as suggested by its publication.

Consequently, the court found that Agunloye had established malice on the part of the EFCC and entered judgment in his favour.

As part of the ruling, the EFCC has been ordered to pay ₦10 million in damages, retract the publication, issue a public apology, and refrain from making similar defamatory statements against the former minister in the future.

What do you think?

Should government agencies be held financially accountable for publishing misleading or defamatory information, or should such errors be protected as part of their investigative duties? Share your thoughts in the comments below.