The Federal Capital Territory Abuja High Court has dismissed a defamation case filed against Eunisell Limited and two others.
The suit, which was filed by Kenneth Ndubisi Amadi, a former employee and two others, was thrown out in its entirety with costs awarded in favour of the defendants.
The first claimant, Amadi, had approached the court for suspected defamation against him and sought special damages from the defendants.
Amadi is suspected to have obtained the sum of Two Billion Nine Hundred Thousand Naira (N2.9bn) belonging to Eunisell under false pretenses with the intention to defraud the company.
Eunisell Limited petitioned the police, seeking their intervention and investigation against the background of Amadi’s suspected criminal misconduct whilst he was in their employ.
Amadi complained that the action of his former employer affected his credibility and sought redress. However, Justice Jude Okeke of the Abuja High Court, held that, “Upon a calm deliberation of the contents of the circumstances of the defendants’ claims against the conducts of Amadi, the 1st claimant, the respectful view that the defendants as the then employers of the 1st claimant when the alleged diversion of funds occurred, are persons who have concern in writing the petition to enable the police to investigate the allegation against the claimants.
The Nigerian Police Force on its part being a body charged under Section 4 of the Police Act to investigate and detect commission of crimes, has a duty or interest in receiving the complaint in the exercise of its duties.
It is the duty of anyone who knows or reasonably believes that a crime has been committed to assist in the discovery of the wrong doer.
The Justice of the Abuja High Court Justice Okeke noted that the offensive words, which constitute the defamation in either the petition or other publications were not set out in the pleadings as mandatorily required by law.
The ruling stated, “The libel and or publications having not been made out the other reliefs predicated on the defamation by way of general and special damages as claimed have no basis to stand. It is for this reason that all other reliefs or facet of the claimants’ case cannot be sustained. They are hereby dismissed.