A Federal Capital Territory High Court in Maitama has ordered the Economic and Financial Crimes Commission (EFCC) to pay N10m in damages to former Minister of Power and Steel, Dr. Olu Agunloye, after finding that the anti-graft agency defamed him by falsely linking him to a $6bn fraud.
Justice Peter Kekemeke delivered the judgment on Wednesday in a fundamental rights suit filed by Agunloye through his lawyer, Adeola Adedipe (SAN), dismissing the preliminary objections raised by the EFCC.
The court held that the EFCC failed to justify a publication on its official website titled, “EFCC Arraigns Agunloye Over $6bn Fraud,” ruling that the agency could not prove the truth of the allegation despite being responsible for publishing it.
Justice Kekemeke ruled that the burden of proving the accuracy of the publication rested on the EFCC and that the commission failed to discharge that obligation.
The judge also held that the EFCC, as an investigative agency, could not rely on its statutory responsibilities to publish defamatory statements.
Agunloye had sued the EFCC in suit number FCT/HC/CV/1199/2024, challenging the January 10, 2024 publication on the commission’s website and its circulation across several media platforms.
The former minister argued that the publication falsely suggested he was being prosecuted over a $6bn fraud linked to the award of the Mambilla Hydroelectric Power Project contract to Sunrise Power and Transmission Company Limited.
He maintained that none of the charges filed against him in the criminal case referenced a $6bn fraud, describing the publication as false, malicious and intended to destroy his reputation.
According to Agunloye, he was inundated with telephone calls and visits from concerned associates after the publication, which he said portrayed him as being involved in one of the country’s biggest fraud cases.
He further argued that the actual monetary allegations contained in the criminal charges amounted to N5.221m and not $6bn as widely publicised by the EFCC.
The former minister told the court that the publication prejudiced him locally and internationally, especially as arbitration proceedings involving Sunrise Power and the Federal Government were ongoing before the International Chamber of Commerce in Paris.
He sought a declaration that the publication was false and defamatory, an order compelling the EFCC to retract it and publish an unreserved apology on its website and some national newspapers.
Agunloye also asked the court to restrain the commission from making further defamatory publications against him and demanded N1bn in general and exemplary damages.
The EFCC urged the court to dismiss the suit, insisting its publication was lawful.
However, Justice Kekemeke ruled that the publication was neither fair nor accurate, noting that the EFCC knew its charge against Agunloye contained no allegation of a $6 billion fraud when it published the headline.
The court found that the publication was made maliciously and granted all the principal reliefs sought by Agunloye.
Although the court declined to award the N1bn damages requested, it ordered the EFCC to pay N10m in damages, retract the publication, issue a public apology, and permanently refrain from making further defamatory publications against the former minister.
