The FCT High Court in Maitama, Abuja, ruled on Wednesday that the Economic and Financial Crimes Commission (EFCC) defamed Olu Agunloye, a former Minister of Power.
Judge Peter Kekemeke ordered the EFCC to pay N10 million for a false article it posted on its social media about Mr Agunloye.
"EFCC failed to prove the truth in the said publication," the judge said. He noted that the post was unfair and had a "sensational headline" targeting the ex-minister.
In 2024, Mr Agunloye took the EFCC to court, asking for N1 billion in damages over an article titled, "EFCC arraigns Agunloye over $6 billion fraud."
Mr Agunloye claimed that the article "damaged his good name and dragged his integrity into murky waters, alleging him to be a corrupt and fraudulent individual."
He requested the court to declare the EFCC's post as fake and defamatory. He also wanted a retraction of the post along with an apology.
His lawyer, Adedipe Adeola, who is a Senior Advocate of Nigeria (SAN), asked for N1 billion in general and exemplary damages from the EFCC.
During the hearing, the EFCC brought one witness, assistant commissioner of police, Umar Babangida. He admitted that the publication came from the EFCC’s media department, although he first denied it.
On Wednesday, the judge said the EFCC knew that Mr Agunloye was not involved in any $6 billion fraud.
Mr Agunloye is currently facing seven charges related to official corruption and fraud. These charges are linked to the Mambilla hydroelectric power contract awarded to Sunrise Power and Transmission Company Limited.
The EFCC claimed that Mr Agunloye awarded a contract for the construction of a 3,960 megawatt Mambilla Hydroelectric Power Station to Sunrise Power without proper approval or funding.
The judge described the EFCC as an investigative agency, not a news outlet. He ruled that the disputed post was false and defamatory.
Judge Kekemeke pointed out that Mr Agunloye's current trial at the Apo Division of the FCT High Court does not include any fraud charges.
He ordered the EFCC to retract the post and apologize to Mr Agunloye on its website and in two national newspapers.
The judge also stopped the EFCC from further defaming the former minister and awarded N10 million in damages.
The judge stated that the suit did not challenge the EFCC’s power to investigate economic and financial crimes, as claimed by the defendant.
EFCC’s lawyer, Wahab Shittu, who is also a Senior Advocate of Nigeria, told reporters that the commission plans to appeal the ruling.
"Though the court has delivered its judgement, we are definitely going to appeal the court’s decision," Mr Shittu said.
Mr Agunloye was the founding Corps Marshal of the Federal Road Safety Corps (FRSC) from 1988 to 1994. He served in President Olusegun Obasanjo’s cabinet first as Minister of Defence (Navy) from 2002 to 2003 and then as Minister of Power from 2003 to 2004.
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