The Federal Capital Territory High Court in Abuja has ordered the Economic and Financial Crimes Commission to pay N10 million in damages to former Minister of Power, Dr. Olu Agunloye, after finding that a publication by the anti-graft agency defamed him.

Justice Peter Kekemeke delivered the judgment on Wednesday in a suit filed by Agunloye, ruling that the EFCC’s publication titled “EFCC arraigns Agunloye over $6bn fraud” was false and injurious to the former minister’s reputation.

Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, through his lawyer, Adeola Adedipe, seeking N10 billion in damages over the publication on the commission’s official website and X (formerly Twitter) account. He argued that the statement falsely portrayed him as a corrupt public official involved in fraud.

In his judgment, Justice Kekemeke held that the publication met the legal requirements for defamation, noting that it was permanently published and clearly identified Agunloye.

The court also faulted the testimony of the EFCC’s witness, Assistant Commissioner of Police Umar Babangida, who initially denied knowledge of the publication before later admitting during proceedings that it originated from the commission’s media department.

Justice Kekemeke further clarified that the case was not an attempt to challenge the EFCC’s statutory authority to investigate financial crimes.

According to the judge, a review of the criminal charge pending against Agunloye before an FCT High Court in Apo showed no allegation of “$6bn fraud,” contrary to what the EFCC had published.

He held that none of the evidence presented before the court supported the commission’s claim of fraud, adding that the EFCC failed to establish the truth of the publication.

The judge stated that, as an investigative agency rather than a news organisation, the EFCC ought to have known that Agunloye was not standing trial for a “$6bn fraud.”

The court consequently declared the publication on the commission’s website and X account false and defamatory, ordered its immediate retraction, and directed the EFCC to publish a public apology on its website and in two national newspapers.

Justice Kekemeke also granted a perpetual injunction restraining the commission from making further defamatory publications against Agunloye.

Reacting to the ruling, counsel to the EFCC, Dr. Wahab Shittu (SAN), said the commission would appeal the judgment, maintaining that the suit was premature because the criminal proceedings against Agunloye are still pending before the court.