The Federal High Court sitting in Lagos State, Nigeria, has cleared Edmark Direct Marketing Company Limited and its management of an allegation of forgery brought against her by one Maurice Anthony Etim.
The Presiding judge, Honourable Justice Daniel Osiagor, stated that the police had acted improperly in 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 Etim against Edmark, the court determined that Etim’s conduct constituted an abuse of the legal system and an attempt at “self-help.”
The court also chastised the Police for the handling of the matter, claiming that they had trivialised Edmark’s prior accusation of threats and bodily harm made by Etim.
Since Etim’s activities resulted in unlawful death threats, bodily harm, and harassment against its employees, Edmark Management took legal action to safeguard their rights.
The court granted Edmark’s application and ruled that the police did not have the authority to investigate allegations of forgery of Etim’s signature concerning the operations, control, and management of Edmark Direct Marketing Limited because a forensic investigation report had already been completed.
Edmark Management were granted multiple reliefs by the court. They are as follows amongst others:
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 all charges of forgery of Mr. Etim’s signature in relation to the operations, control, and management of Edmark Direct Marketing Limited.
Regarding 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 honour 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.
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.
