Austin Nyekigbe

NIGERIAN PASTOR DRAGS PARARAN TO COURT.

~ Seeks Damages amongst other reliefs.

26th July, 2023.

~ "Innocent people killed and innocent Pastor accused" ~ Apostle Michael Akpor.

Popular Warri-based Pastor, Apostle Michael Akpor, has dragged the Proprietor of Pararan Mock News, Mr. Diamond Dietanuru Osakorigho, popularly known as Pararan, to court over an alleged defamation of character.

Shortly after the police concluded their investigation of the incident that led to the said defamation, the Warri-based Pastor briefed his Solicitors to write a letter of demand to Pararan for retraction and apology to the Pastor. Despite the said Solicitor's letter, Pararan has failed, refused and/or neglected to retract the said defamatory publication and meet the demands of the Pastor till date, hence the Pastor has approached the Court for redress.

A writ of summons over the alleged defamation has been filed at the Delta State High Court of Justice, Effurun Judicial Division, Effurun in Uvwie Local Government Area of the state by Austin Nyekigbe, Esq., of counsel to the Warri-based Pastor.

In a statement of claim found in the suit marked EHC/91/2023, the Claimant, Apostle Michael Akpor amongst other things averred that the said publication by Pararan is untrue and totally unfounded. The statement of claim reads in part thus:

"The Claimant avers that according to reports from those who claimed to be Witnesses, on Tuesday 12th July, 2022 between the hours of 6:00pm and 7:00pm, a commercial tricycle conveying three (3) passengers at Ugbolokposo Community in Effurun, Delta State hit and scratched a black Prado Jeep and a man in Police uniform came down from the black Prado Jeep and shot severally at the tricycle killing the two (2) passengers at the back seat, the rider of the tricycle sustained a bullet wound on his left shoulder while the lady at the front seat survived unhurt. The reports of the alleged witnesses had it that the registration number of the said black Prado Jeep was covered. That the very important person, V.I.P in the Jeep sat at the back seat of the black Prado Jeep and wore white native attire. It was alleged that the black Prado Jeep and the Police es**rt were suspected to be that of the Claimant.

As a result of the said allegation, the Claimant and the two Policemen attach to him were invited and investigated by Officers of the Nigeria Police Force and at the end of the investigation, the police found amongst others, that the Claimant was in his church doing his religious business at the time of the incident and that the Policeman who was accused was at Osun State for election duties at the time of the incident. The Claimant and the two Policemen attached to him were accordingly vindicated and exonerated. The Claimant pleads and shall at the trial of this suit rely heavily on a certified true copy of the Police Investigation Report dated 4th August, 2022.

The Claimant avers that while the Police were yet to conclude their investigation, the Defendant on the 20th day of July, 2022, posted and published on his page known as Pararan Mock News, a defamatory publication or video clip captioned “Warri Pastor KPUF 2 Keke Passenger” against the person of the Claimant. The Defendant is the maker of the said publication or video clip. The Defendant’s post or publication bears the Claimant’s photograph and the Defendant in the said publication said that the Claimant with his Police es**rt were the persons that murdered the two (2) commercial tricycle passengers who were reportedly murdered by a man in Police uniform on Tuesday 12th July, 2022 at Ugbolokposo Community in Effurun. The Claimant pleads and shall at the trial of this suit rely on the Defendant’s said video clip and a computer print-out of the online publication posted and published by the Defendant on the 20th day of July, 2022...

The Claimant states that the word “KPUF” used by the Defendant means kill or murder in Warri local parlance. The Claimant shall at the trial of this suit rely on the full text and context of the said publication which has been accessed, read, watched and listened to by unlimited number of persons nationwide and internationally and show to the court at the trial, the extent of damage he has suffered.

The Claimant avers that within the first one (1) hour of the said publication by the Defendant, over twenty thousand persons viewed, opened, accessed, read, watched and listened to the publication, three hundred and one persons shared the publication, five hundred and nineteen persons made various derogatory comments about the person of the Claimant, while over one thousand, nine hundred persons reacted in various manner to the publication.

The said publication is libelous, malicious, untrue and very damaging and derogatory to the Claimant’s reputation both in private and public life.

The Defendant knows or ought to have known that the allegations were untrue and totally unfounded, particularly since at the time of the said publication, the incident was still being investigated by the police.

The Claimant further avers that the libelous publication or post by the Defendant in the said page was and still being widely circulated, accessed, read, watched and listened to by millions of people all over the World and in Nigeria till date, including the Claimant, the Claimant’s Church members, business associates, friends and family members in Effurun, Delta State...

As a result of the afore-mentioned untrue, damaging and defamatory post or publication by the Defendant, the Claimant’s towering image and reputation has been reduced in the estimation of the right-thinking members of the public and has brought the Claimant into public scandal, disrespect, scorn, public odium and ridicule within and outside Nigeria...

The Claimant states that his personal reputation has been seriously damaged and he has suffered considerable distress and embarrassment before his Church members, family members, friends, in-laws, business partners and members of the public at large...

The Claimant states that the Defendant knows that the libelous publication or post is untrue, unfounded and cannot be substantiated by any empirical or documentary evidence.

As a result of the lies contained in the Defendant’s publication against the Claimant, several persons on the Defendant’s page have written and are still writing negative comments and stories about the Claimant till date...

The Claimant avers that the Defendant’s defamatory publication and his refusal to pull down the damaging and malicious publication against the Claimant has caused and continues to cause untold, irreparable and grave damages to the Claimant till date.

WHEREOF the Claimant’s claims against the Defendant are as follows:

(a) A DECLARATION that the Defendant’s online publication of 20th July, 2022, of his video clip, posted and published on his page captioned “Warri Pastor KPUF 2 Keke Passenger” against the person of the Claimant amounts to libel.

(b) AN ORDER compelling the Defendant to immediately retract the libelous and defamatory publication or video clip, posted and published on his page captioned “Warri Pastor KPUF 2 Keke Passenger” and to tender an unconditional and unreserved apology to the Claimant which shall be published in two National Dailies, i.e the Vanguard Newspaper and the Nation and on the Defendant’s page in the same way and manner and given the same prominence and circulation as the previous malicious publication by the Defendant.

(c) AN ORDER of this Honourable Court awarding the sum of N5,000,000,000.00 (Five Billion Naira) only as special and general damages against the Defendant for the irreparable harm the said injurious publication has inflicted on the Claimant’s image as well as that of his family.

(d) AN ORDER OF PERPETUAL INJUNCTION RESTRAINING the Defendant by himself, his agents, privies, servants and other person(s) howsoever described acting for or on his behalf, from further publishing or posting or causing to be published, any libelous, injurious or defamatory words, statements or video clips against the Claimant..."

Barr. Nyekigbe, congratulates Goru on his appointment as DESOPADEC Commissioner, appreciates Okowa.

By Emmanuel Azikiwe

An illustrious son of Udu Kingdom, a legal luminary, Human Rights Activist cm Stalwart and Chieftain of PDP in Udu PDP Ward 08 from Ujevwu Community, Barr. Austin Nyekigbe has congratulated Rt. Hon. Jonathan Oghenekaro Goru on his appointment as Commissioner designate to represent the good people of Ughelli South, Udu, Uvwie, and the Urhobos in Warri at the DESOPADEC.

The legal luminary who made this known on Tuesday 23rd May, 2023 in Udu appreciated the Executive Governor of Delta State, His Excellency, Sen. Dr. Ifeanyi Arthur Okowa for considering and finding Rt. Hon. Goru fit for the appointment.

The legal icon lauds Rt. Hon. Goru for his courage and doggedness.

Push yourself, no one else is going to do it for you.

Dear Inibehe Effiong ESQ.,

I was encouraged by your beliefs and values when we were together during our NYSC days. May God grant you grace to sustain them. I celebrate your resolve to fight injustice.

Happy birthday brother.

We will be on air on Crown 89.9 FM Warri at 8:20am on Friday 7th October, 2022.

Topic: The indices used by the Nigeria Police Force in exonerating Apostle Michael Akpor of the murder accusation.

Tune in to get details of the facts and findings.

APOSTLE MICHAEL AKPOR AND TWO POLICEMEN EXONERATED; CONDUCT THANKSGIVING SERVICE TO APPRECIATE GOD.

The General Overseer of the Palace of God Bible Church, off Uti Road, Effurun, Delta State, Apostle Michael Akpor and the two Policemen attached to him, Asp. Mesoro Victor and Inspr. Ignatius Achazie, who were accused of killing two persons on Tuesday 12th July, 2022 at Ugbolokposo Community in Effurun, Delta State have been vindicated and exonerated.

According to reports from those who claimed to be Witnesses, on Tuesday 12th July, 2022 between the hours of 6:00pm and 7:00pm, a commercial tricycle conveying three (3) passengers at Ugbolokposo Community in Effurun, Delta State hit and scratched a black Jeep and a man in Police uniform came down from the black Jeep and shot severally at the tricycle killing the two (2) passengers at the back seat, the rider of the tricycle sustained a bullet wound on his left shoulder while the lady at the front seat survived unhurt. The reports of the alleged witnesses had it that the registration number of the said black Jeep was covered. That the V.I.P sat at the back seat of the black Jeep and wore white native attire. It was alleged that the black Jeep and the Police es**rt were suspected to be that of Apostle Michael Akpor. The question is whether Apostle Michael Akpor is the only V.I.P that lives within Ugbolokposo Community and its environs or ply Ugbolokposo Community road that has a black Jeep with a Police es**rt?

The man of God received the news of the allegation of murder levied against him with a great shock. Consequently, the man of God and the said Policemen were invited by the Ebrumede Divisional Police Headquarters and as law abiding citizens of Nigeria, they honoured the Police invitation in my company as their Counsel on Friday 15th July, 2022.

Upon arrival at the Ebrumede Divisional Police Headquarters, we were informed by the Divisional Police Officer that the case had been transferred to the Delta State Police Headquarters, Asaba and as a result, Apostle Michael Akpor and the two Policemen were transferred to the Delta State Police Headquarters, Asaba on the same day. I was part of the journey from the Ebrumede Divisional Police Headquarters to the Delta State Police Headquarters, Asaba. The Police at Asaba commenced a thorough and discreet investigation into the allegation of murder levied against the man of God and the two Policemen the moment we arrived Asaba and I was physically present throughout the period of the Police investigation on that day and the subsequent days, including the visit to the scene of crime, visit to the Delta State University Teaching Hospital, Oghara and visit to the Warri Central Hospital mortuary to inspect the Corpses. I was also in attendance at the numerous oral interviews held in the course of the investigation.

In the course of the discreet and dispassionate investigation by the Police, the following facts emanated from the Witnesses;

1. Joseph Hilary who claimed to be a Witness stated that Ella Obayendo, the lady who survived unhurt, Daniel Essien, the survived tricycle rider and others visited him on the day of the incident and that Ella Obayendo is Daniel Essien’s fiancé. Whereas, the said Ella Obayendo revealed that she does not know the said Daniel Essien talk more of being his fiancé and that she boarded the commercial tricycle as a passenger.

2. In the course of the numerous oral interviews held, Festus Ebereri “M” who claimed to be an eyewitness said he was among the persons who were in the tricycle at the time of the incident. Whereas, Daniel Essien, the tricycle rider said he carried only three (3) passengers, one female, Ella Obayendo at the front seat and two male, Charles Okpako & Ejiro Ekeipovwe at the back seat and that the two male are the persons shot dead. This contradiction made me to ask a question during one of the oral interviews that who is Festus Ebereri and where was Festus Ebereri in the tricycle? The Police Authority requested the said Festus Ebereri to respond to my question but he could not.

3. The statements of Joseph Hilary & Festus Ebereri were taken in the absence of the two victims who survived the incident and without Joseph Hilary & Festus Ebereri having the opportunity of first hearing the side of the story of the two victims who survived the incident. Joseph Hilary & Festus Ebereri made efforts to change their story after Daniel Essien & Ella Obayendo had given their versions of the incident to the Police but they could not as their statements had already been signed by them before the Police. We made frantic efforts to secure the presence of Daniel Essien, the tricycle Rider, before the Police at the Delta State Police Command. The statements of Ella Obayendo and Daniel Essien revealed that they did not see any of the accused persons at the scene of crime at the time of the incident. The statements of Daniel Essien & Ella Obayendo corroborated each other.

4. To ensure that justice is done and not only seen to be done in the case, we also made efforts to produce and secure the presence of an eye-witness, Susan Akindele “F” before the Police. Her evidence was heard and documented. Her evidence corroborated the evidence of the two victims who survived the incident.

5. Festus Ebereri who claimed to be an eyewitness identified Asp. Mesoro Victor as the Policeman that shot the two deceased persons. Whereas, the movement register of Special Protection Unit (SPU), Base 25, Asaba revealed and confirmed that the said Policeman, Asp. Mesoro Victor was not with Apostle Michael Akpor and was not in Effurun and its environs at the time of the incident. The said Policeman was nominated for election duty at Osun State and left Effurun for the election duty at Osun State before the time of the incident.

6. Festus Ebereri who claimed to be an eyewitness, also stated that if he sees the black Jeep he saw at the scene of the incident, he will recognize it. Consequently, the only black Lexus Jeep belonging to Apostle Michael Akpor was confiscated by the Police and paraded amongst five (5) other black Jeeps for Festus Ebereri to identify. At the end of the identification parade, Festus Ebereri stated that the black Jeep he saw at the scene of the crime is not among the six (6) black Jeeps paraded before him and he made an additional statement to the Police to that effect.

7. Apostle Michael Akpor was at the Palace of God Bible Church, off Uti Road, Effurun, to attend a church programme on the day of the incident. He arrived the church premises at about 12:00noon, stayed till about 9:00pm before leaving the church premises. Whereas, the incident occurred at about 6:00pm at Ugbolokposo Community. Apostle Michael Akpor drove a green coloured range over sport car and did not cover the registration number and usually does not. Apostle Michael Akpor wore black coloured clothes on the day of the incident. The Close Circuit Television (CCTV) footages of the church premises revealed and confirmed the time Apostle Michael Akpor arrived the church premises and the time Apostle Michael Akpor finally left the church premises on the day of the incident. The CCTV footages also confirmed the make and colour of the car and the colour of clothes Apostle Michael Akpor wore on the day of the incident. I ensured that the said CCTV footages were watched by the Police Authority and made part of the evidence.

At the close of investigation, the Police prepared a Police Investigation Report. I have obtained a Certified True Copy of the said Police Investigation Report and I have read same. The Police Investigation Report also revealed and confirmed the above facts and found in favour of Apostle Michael Akpor and the two Policemen. The Police Investigation Report reads in part thus:

“… 4. FINDINGS: In the course of investigation coupled with the oral interview held and the black Lexus Jeep paraded for identification by the acclaimed eyewitness, Festus Ebereri ‘m’ the following facts emerged:-

i. A case of Murder of one Charles Okpako ‘m’ and Ejiro Ekiepovwe ‘m’ was reported at Ebrumede Divisional Police Headquarters on 14/07/2022 by one Erhiga Omavovwe Andrew ‘m’ accompanied by one Rhoda Ese Okpako ‘f’.

ii. One Daniel Essien ‘m’, the driver of the commercial tricycle conveyed three (3) passengers viz: a girl and two (2) boys namely, Ella Obayendo ‘f’, Charles Okpako ‘m’ and Ejiro Ekiepovwe ‘m’ at Ogbolokposu Community.

iii. While reversing the tricycle along Ogbolokposu road, the rider accidentally hit a black Jeep with the tricycle’s side mirror.

iv. A Policeman came down from the black Jeep, released a gunshot into the air first and started shooting at the tricycle.

v. The bullets hit the two (2) passengers sitting at the back seat and they died on the spot while the rider of the tricycle escaped with a bullet wound on his left shoulder and the girt escaped unhurt.

vi. The tricycle rider confirmed he was carrying three (3) passengers and not four (4) as stated by the eye witness, Festus Ebereri ‘m’ in pages A12 and A12a of the case file.

vii. The black Lexus Jeep was paraded amongst five (5) other black Jeeps for Festus Ebereri ‘m’ to identify as he claimed he knows the Jeep, but failed to identify; he made additional statement on page 12b of the case file to that effect.

viii. Festus Ebereri ‘m’ who claimed to be an eye witness identified ASP. Mesoro Victor as the Policeman that shot the two deceased dead.

ix. An inspection of the movement register of the SPU Base 25, Asaba contradicted the claims of Festus Ebereri ‘m’ as ASP, Mesoro Victor left on 12/07/2022 at 1630hrs for a special duty to Osun States tagged “Osun Guber election”.

x. The two (2) rifles issued to the two (2) Policemen were issued with thirty (30) rounds of live ammunitions each which are all intact.

xi. The Church of the 1st suspect, Apostle Michael Akpor ‘m’ is located off Uti Street, Effurun while the incident occurred at Ogbolokposu Community.

xii. The Close Circuit Television (CCTV) footages clearly confirmed that the 1st suspect, Apostle Michael Akpor ‘m’ came out of his vehicle at the Church premises at about 1200hrs and entered the vehicle to leave the Church premises at about 2100hrs while the incident happed at about 1800hrs.

5. CONCLUSION / RECOMMENDATION: In view of the findings above, it is crystal clear that the suspect, Apostle Michael Akpor ‘m’ was going on with his religious business in the Church as at the time of the incident…”

It is in the light of the above glaring, irrebuttable and uncontroverted evidence, facts, findings and more that Apostle Michael Akpor and the two Policemen attached to him who were accused of killing two persons at Ugbolokposo Community were exonerated, vindicated and released on bail without more.

Apostle Michael Akpor and the two Policemen are innocent. The Police Investigation Report revealed and confirmed this fact.

Innocent Nigerians have been accused of offences they never committed and some did not live to prove their innocence. Some are in prison today for offences they never committed. It is in recognition of this fact that Apostle Michael Akpor is thanking God, acknowledging His hands in the Police investigation process and for exonerating him.

I sympathize with the families of the deceased persons.

Signed:

Austin Nyekigbe, Esq.
Human Rights Lawyer.
25/09/2022

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