An FCT High Court sitting in Maitama on Wednesday awarded a fine of N10 million against the Economic and Financial Crimes Commission (EFCC) over defamatory comments against Dr Olu Agunloye, former Minister of Power and Steel.
Justice Peter Kekemeke, in a judgment on a 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,” at “https://www.efcc.gov.ng/efcc/news-and-information/news-release/9687-efcc-arraigns-olu-agunlove-for-6billion-fraud,” was false and defamatory.
He sought an order for the commission to, forthwith, retract the defamatory publication against him, and consequently tender unreserved apologies on its official website and allied online platforms, together with two daily newspapers: The Punch and The Guardian.
The ex- minister also sought an order of perpetual injunction, restraining the EFCC, either by itself or through any media (print or online), agents, or privies, from further publishing the said libelous statement about him and from further negatively inferring in any manner whatsoever, against his reputation.
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.
In his statement of claim, Agunloye, described himself as “76-year-old man, a reputable citizen of Nigeria and pioneer Corps Martial and Chief Executive of the Federal Road Safety Corps.”
He said he was overwhelmed with telephone calls and visits on Wednesday, January 10, 2024, by concerned friends and associates, over the spurious allegations by the EFCC that he had been involved in a whopping $6 billion fraud in relation to the award by the Federal Government of Nigeria to Messrs Sunrise Power and Transmission Company Ltd regarding the Mambilla Hydro-Electric Power Project.
According to him, the defendant willfully and maliciously published the above defamatory statements on its official website and allied online platforms including Channels TV website, International Centre for Investigative Reporting (ICIR) website, Punch Newspapers website, the Cable News website, the Vanguard News, Premium Times Nigeria website, Leadership News website, the Guardians, et al., with circulation in Nigeria and across the globe.
He said so many of his colleagues and associates read the said online publication.
He said the defendant carelessly, maliciously and intentionally published the falsehood agsinst hus person.
He said the online publication falsely referenced the contract sum alleged to have been illegally and fraudulently awarded by him vis-a-vis the Mambilla Hydro-Electric Power Project as $6 billion.
He, however, said that the arithmetic calculation of each sum alleged above to have been corruptly received by him in view of the Mambilla Power Project is #5,221,000 (Five million two hundred and twenty-one thousand naira) only as against the $6 billion the defendant is alleging.
Agunloye said the malicious publication came to him as a rude shock, having been falsely engendered, with the aim of inciting public outrage against him.
He said it is false that he is standing trial for a $6 billion dollar charge as the the counts on the charge, marked: CR/617/23 FRN V. OLU AGUNLOYE, did not bear any connection with the $6 billion dollar allegation.
His words: “This material contradiction shows malicious intent orchestrated to bring the claimant into disrepute.
“These false allegations were also deliberately infused into the media space, to create prejudices against the claimant, the Nigerian Government and also the international community, because of the arbitral proceedings currently going on in France, at the instance of one Sunrise Power and Transmission Company Ltd: in Sunrise Power and Transmission Company Limited v. Federal Government of Nigeria -ICC Case No: 26260/SPN/AB/CPB before the International Chamber of Commerce in Paris, France.”
But the EFCC, in its counter affidavit, prayed the court to dismiss the suit in its entirty.
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 ddition 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.