Court clears firm of alleged forgery case

Federal High Court, Lagos

Justice Daniel Osiagor of the Federal High Court, Lagos State, has cleared Edmark management of alleged forgery case, stating that the police investigated the firm in error.

The court also awarded N50,000 damages in favour of the firm.

Plaintiffs in the suit were Donald Anih, Wapanio Bienvenido and Jorolan Noel Hao, while the defendants were Inspector General of Police (IGP); Assistant IGP, Zone 2, Onikan, Lagos; Lagos State Commissioner of Police and Etim Maurice Anthony (4th defendant).

Anthony had laid the allegation against the plaintiffs, representing the firm’s management, to the police.

But the court held that Anthony’s conduct constituted an abuse of the legal system and an attempt at “self-help.”

The court also chastised the police for their handling of the matter, saying they trivialised the plaintiffs’ alarm bordering on threats and bodily harm, when they submitted a petition to them.

It ruled that the police did not have the authority to investigate allegations of forgery of Anthony’s signature concerning the operations, control and management of Edmark Direct Marketing Limited because a forensic investigation report had already been completed.

The court declared that 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 July 18, 2022, is conclusive and binding on the police in relation to any and all charges of the forging of 4th defendant’s signature in relation to the operations, control and management of Edmark Direct Marketing Limited,” the judge held.

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 the 4th defendant’s signature in relation to the operations, control and management of Edmark Direct Marketing Limited.

The court also issued an order prohibiting the police from compelling Edmark’s staff to attend any meeting, interview or honour any invitation in any way.

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