A Delta State High Court sitting in Bomadi has awarded N30 million in damages against the International Centre for Investigative Reporting (ICIR) and one of its reporters, Isaac Markson, over a defamatory publication against a former Director-General of the Nigeria Maritime Administration and Safety Agency (NIMASA), Dr Patrick Ziakede Akpobolokemi.
Justice S.O. Adolor held that the report titled “The hidden truth that led to the killing of 17 soldiers in Okuama community,” published on April 13, 2024, was malicious and defamatory.
The court ordered ICIR and its reporter to retract the publication and issue a public apology in three national newspapers and on the ICIR website, while restraining them from making further defamatory statements against Akpobolokemi.
Akpobolokemi approached the court over the report, which linked him to the deployment of soldiers to Okuama community and alleged that he used his influence to skew military intervention in favour of his community, Okoloba.
He contended that the publication implied his alleged involvement contributed to the killing of 17 soldiers in Okuama, an allegation he described as false, reckless and damaging to his reputation.
The former NIMASA boss maintained that he was neither arrested, investigated nor prosecuted in connection with the Okuama incident, insisting that the report lacked any factual or judicial foundation.
In their defence, ICIR and Markson challenged the jurisdiction of the court, arguing that the alleged libel was published online and that the claimant failed to establish publication to third parties within Delta State.
Justice Adolor dismissed the objection, holding that online publications are deemed published in any place where they are accessed and read.
The court relied on the uncontroverted testimony of two witnesses who confirmed that they accessed, downloaded and read the publication in Bomadi, Delta State, and that their perception of Akpobolokemi was negatively affected by the report.
According to the court, this evidence sufficiently established publication in Delta State and conferred jurisdiction on the court.
On the substantive case, Justice Adolor held that the publication directly referred to Akpobolokemi and portrayed him as an influential figure who allegedly orchestrated or influenced the deployment of soldiers to Okuama, with grave implications linking him to the killing of the 17 soldiers.
The judge ruled that the report went beyond fair reportage and crossed into defamatory imputation by presenting unproven allegations as established facts.
The court noted that the defendants failed to establish the truth of the allegations and could not rely on unnamed or untendered probe reports to justify their claims.
Justice Adolor held that imputing criminal complicity to an individual in the absence of arrest, prosecution or conviction amounted to defamation.
The court rejected the defendants’ reliance on the defences of justification, fair comment, qualified privilege and responsible journalism, stressing that responsible journalism demands accuracy, particularly in reports capable of destroying reputations.
It held that malice could be inferred from the circumstances of the case, noting that the defendants acted recklessly by publishing grave allegations without proper verification or evidential support.
While declining the claimant’s request for litigation costs, the court granted substantial reliefs, awarding N30 million in damages jointly and severally against the defendants.
The court also ordered a retraction of the publication and a public apology to be issued within seven days in three national newspapers and on the ICIR website, with post-judgment interest to accrue at the prevailing Central Bank of Nigeria rate until the judgment sum is fully liquidated.
Justice Adolor held that Akpobolokemi successfully proved his case on the balance of probabilities, while the defendants failed to justify or excuse their publication.
He added that the law does not grant immunity to online publications and that journalists and media organisations are bound by the principles of accuracy, fairness and responsibility in reporting.
Akpobolokemi was represented by Eric K. Omare, alongside Oke Joseph Enewovwa and Regina Aghogho Okulonye. The defendants were absent when judgment was delivered on January 26, 2026.
