Justice Peter Kekemeke of the High Court of the Federal Capital Territory, sitting at Maitama, Abuja, has found the Economic and Financial Crimes Commission guilty of damaging the reputation of former Minister of Power, Dr Olu Agunloye, through a libellous publication on its social media handles.
The judge found the commission guilty of defamation while delivering judgment in a N10 billion defamation suit brought against EFCC by Agunloye.
Agunloye had in the suit claimed that the publication on the commission’s website and X handle, titled ‘EFCC arraigns Agunloye over $6 billion fraud’, damaged his reputation.
The former minister, through his lawyer, Adeola Adedipe, in his writ of summons in the defamation suit he brought before the court against EFCC, claimed that EFCC had damaged his good name and dragged his integrity into murky waters by accusing him of being a corrupt and fraudulent individual through the post published on its official website and other allied online platforms.
He, therefore, sought a declaration of the court that the post is false and defamatory of him. Agunloye also sought an order for EFCC to retract the publication against him and tender unreserved apologies, as well as the payment of compensation of N1 billion as general and exemplary damages.
Delivering judgment on Wednesday, Justice Kekemeke held that elements of defamation – publication of a statement in permanent form; the publication refers to someone; it injures the person’s reputation in the sight of reasonable members of the public – must be present before someone could be said to have been defamed.
He held that in the instant case, the contentious publication is in permanent form, adding that Agunloye’s name was mentioned.
The court further held that EFCC’s sole witness in the case, Assistant Commissioner of Police, Umar Hussain Babangida, despite initially denying knowledge of the said publication, later owned up and admitted that it was from the defendant’s media department.
According to the judge, the case did not challenge EFCC’s power to investigate economic and financial crime as claimed by the defendant. He noted that having gone through the charge in the criminal case against the claimant before the Apo Division of the FCT High Court, there is nowhere in it that claimed fraud, contrary to the EFCC’s publication.
The court added that the issue of fraud is not in any of the exhibits rendered before it in the course of hearing the case as stated in what it described as a “sensational headline” in the publication.
The judge held that EFCC failed to prove the truth in the said publication, adding that it is even not fair and does not represent court proceedings. While saying that EFCC is not a news agency but an investigative agency, Justice Kekemeke held that the commission knew that Agunloye is not involved in a fraud of $6 billion or any fraud at all.
He then held that malice has been proved by the claimant and subsequently entered judgment in Agunloye’s favour. The court declared the contentious publication on EFCC’s official website and X handle as false and defamatory. It then ordered the commission to retract the publication and offer a public apology on its website and two national dailies, and awarded N10 million damages against the commission.
Reacting to the judgment, counsel for EFCC, Dr Wahab Shittu, declared that the commission would appeal the judgment, arguing that the case was premature as the claimant’s criminal charge had yet to be concluded.
