Court Awards N10m Fine Against EFCC Over Defamatory Comments On Olu Agunloye
An FCT High Court, sitting in Maitama, has awarded a fine of N10 million against the Economic and Financial Crimes Commission, EFCC, for defamatory comments against Dr Olu Agunloye, former Minister of Power and Steel.
Justice Peter Kekemeke, in a judgment on abuse of rights suit filed by Agunloye, through his lawyer, Adeola Adedipe, SAN, dismissed the EFCC's objections.
Justice Kekemeke agreed with Adedipe's argument that since the commission published the defamatory statement, the onus to prove the truth about the case rests on the anti-graft agency and had failed to discharge the burden.
The judge, who said the EFCC is not a news agency but an investigative body, held that the commission cannot rely on its statutory obligations to make defamatory statements.
The former minister had, in a writ of summons, marked: FCT/HC/CV/1199/2024, filed by Adedipe, alleged that the commission defamed him through a publication it posted on its website.
Agunloye, in the suit, named EFCC as sole defendant.
The plaintiff sought a declaration that the website post made by the defendant on its official website and other allied online platforms, with the caption: "EFCC ARRAIGNS AGUNLOYE OVER $6BILLION FRAUD.
Agunloye, therefore, sought a payment of general and exemplary damages in the sum of N1 billion only, as compensation for the damage to his reputation, which was occasioned by the commission's online defamatory publication on January 10, 2024.
Delivering the judgment on Wednesday, Justice Kekemeke agreed with the claimant's lawyer that the statement was neither fair nor accurate.
The judge stated that the anti-graft agency made the publication knowing the truth that there was no mention of $6 billion dollars in its charge it filed against Agunloye in another court.
The judge, therefore, agreed with the submission that the statement was made maliciously.
He consequently granted all the reliefs sought by Agunloye with a N10 million fine against the N1 billion sought.
In addition to ordering the retraction and public apology, the court granted a perpetual injunction restraining the EFCC from making further defamatory publications against the former minister.