posted March 25, 2023
…Court Bars Police from Further Investigation of the Company
The Federal High Court sitting in Lagos, Nigeria has in a recent corporate ruling cleared Edmark Direct Marketing Company Limited and its management of an allegation of forgery brought against her by one Mr. Maurice Anthony Etim.
In the ruling by the presiding Judge, Honourable Justice Daniel Osiagor, the court cleared Edmark of the allegation of forgery, noting that the Police acted improperly and in bad faith by even investigating the Firm because a prior investigation had been carried out on the subsisting matter.
Without recourse to the originating allegation of forgery by the said Maurice Anthony Etim against Edmark, the court determined that his conduct during the investigation and trial, constituted an abuse of the legal system and an attempt at “self-help.”
The court was not impressed with Etim’s self-serving approach and also, chastised the police for their handling of the matter, claiming that they had trivialized Edmark’s prior accusation of threats and bodily harm made by Mr. Etim and making the whole matter take on the guise of targeted injustice.
Importantly, since Etim’s activities resulted in unlawful death threats, bodily harm, and harassment against its employees, Edmark Management averred that they were justified to take legal action to safeguard their rights.
Consequently, the court granted Edmark’s application and ruled that the police did not have the authority to investigate allegations of forgery of Mr. Etim’s signature concerning the operations, control, and management of Edmark Direct Marketing Limited because a forensic investigation report had already been completed.
Furthermore, the court granted Edmark’s management some definitive reliefs, which included;
- A statement that the police’s request to Edmark’s staff to assist in any investigation activities related to forgery claims is a gross infringement of their fundamental rights and is thus illegal, unconstitutional, null, and invalid.
- A declaration that the forensic investigative report obtained by the police on 18 July 2022, is conclusive and binding on the police in relation to any and all charges of the forging of Mr. Etim’s signature in relation to the operations, control, and management of Edmark Direct Marketing Ltd.
- While a forensic investigative report had already been completed, the police were barred from conducting any further inquiry into any and all charges of forgery of Mr. Etim’s signature in relation to the operations, control, and management of Edmark Direct Marketing Limited.
- In regard to charges of the forging of Mr. Etim’s signature in relation to the operations, control, and management of Edmark Direct Marketing Limited, an order prohibiting the police from compelling Edmark’s staff to attend any meeting, interview, or honor any invitation in any way.
Apart from these reliefs, the court awarded Edmark Management N50,000.00 in general damages.
This ruling is a significant victory for Edmark and clears the company of any wrongdoing in relation to the alleged forgery case. It also reinforces the company’s commitment to operating within the bounds of the law and maintaining the highest standards of ethical business practices.
Finally, the court’s decision has vindicated Edmark Management and confirmed their rights. The corporation may now proceed with certainty, knowing that justice has been served.
Note: Link to The Federal High Court Judgement: https://bit.ly/from-federal-high-court-nigeria