Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Federal Capital Territory High Court sitting in Maitama, Abuja, has ordered the Economic and Financial Crimes Commission to pay former Minister of Power and Steel, Dr Olu Agunloye, the sum of N10 million in damages for defaming him through a publication that falsely linked him to an alleged "$6 billion fraud" connected to the Mambilla Hydroelectric Power Project. Justice Peter Kekemeke, delivering judgment on Wednesday, 8 July 2026, held that the anti-graft agency's publication on its official website and X (formerly Twitter) handle, titled "EFCC arraigns Agunloye over $6 billion fraud," was false, defamatory, and injurious to the former minister's reputation.
Agunloye had instituted the suit, marked FCT/HC/CV/1199/2024, through his counsel, Adeola Adedipe, SAN, seeking a declaration that the publication was false and defamatory, an order for its retraction, an unreserved apology, and N1 billion in general and exemplary damages. He argued that the EFCC's post falsely portrayed him as a corrupt and fraudulent individual, causing serious damage to his reputation.
In his ruling, Justice Kekemeke outlined the essential ingredients of defamation — that a statement must be published in a permanent form, refer to the claimant, and lower the person's reputation in the estimation of reasonable members of society. The judge held that all these elements were established, noting that the publication was permanent, specifically identified Agunloye, and contained allegations unsupported by the criminal charges filed against him. The court observed that the EFCC's sole witness, Assistant Commissioner of Police Umar Hussain Babangida, initially denied knowledge of the publication but later admitted 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 powers to investigate financial crimes, but rather whether the commission published false and defamatory material. After reviewing the criminal charge pending against Agunloye before the Apo Division of the FCT High Court, the judge found that none of the counts alleged a $6 billion fraud, contrary to the headline published by the EFCC. Describing the headline as "sensational," the court ruled that the commission failed to establish the truth of the publication and that it did not fairly reflect the actual court proceedings. "The defendant's publication describing the claimant as being involved in a '$6 billion fraud' was defamatory and injurious to the claimant's reputation," Justice Kekemeke held.
The judge stressed that the EFCC, as an investigative agency, was expected to communicate facts accurately and knew that Agunloye was neither charged with nor accused of committing a $6 billion fraud. He consequently held that the publication was malicious and entered judgment in favour of the former minister. The court declared the publication on the EFCC's website and X handle false and defamatory, and ordered the commission to retract the publication, issue a public apology on its website and in two widely circulated national newspapers, and pay Agunloye N10 million in general damages. The court also granted a perpetual injunction restraining the EFCC, its officers, agents, or privies from publishing or causing to be published any further defamatory statements against Agunloye in relation to the allegations.
Reacting to the judgment, counsel to the EFCC, Dr Wahab Shittu, SAN, said the commission would challenge the decision at the Court of Appeal. "Though the court has delivered its judgment, we are definitely going to appeal the court's decision," Shittu said. He argued that the defamation suit was premature because the criminal case against Agunloye is yet to be concluded.
Agunloye is currently facing criminal charges over the award of the Mambilla hydroelectric power contract to Sunrise Power and Transmission Company Limited without budgetary provision, approval, and cash backing. However, the judgment does not determine the merits of any pending criminal proceedings against him, but is limited to the defamatory nature of the EFCC's publication and the injury it caused to his reputation. The ruling is expected to have significant implications for how public institutions communicate allegations against individuals before they are established in court. Neither the EFCC nor Agunloye had publicly reacted to the judgment at the time of filing this report.
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