I, Maurice Anthony Etim (the Petitioner in the ongoing dispute with Edmark Group) read with disbelief the remarks by Hon. Justice D.E. Osiagor in which he said “petitioner has made overtures to me, directly and indirectly, all of which I declined, may God judge the petitioner and his lawyers forever.” He then recused himself from the matter.
It is important to let the honorable judge understand that there is a dictum in law which states “He that alleges must prove” meaning that the person who makes a claim or allegation has the burden of proving it. It is an essential concept in both civil and criminal law, emphasizing that it is not enough to simply assert something; the claimant must provide evidence or arguments to support their claim.
Justice Osiagor cannot simply make emotional outbursts in the hallowed court by accusing me of trying to influence him without showing proof.
What he has done is to jeopardise the case, elongate the process of getting justice and tainting me and my legal team unjustifiably. As a matter of fact, my legal team had to withdraw their representation, until this weighty allegation is resolved.
It is important to note that the case involving me, as a minority shareholder and director in several Edmark Group companies in Nigeria, against Sam Low Ban Chai, the founder of Edmark Industries, has raised significant concerns regarding judicial impartiality and ethical misconduct. I am pursuing a legal case against the respondents, involving the forgery of my signature and other serious claims. The case has been presided over by Justice Osiagor after it was transferred from Justice Aneke, and his handling of the case has sparked allegations of bias.
In what has become disturbing issue to discerning minds, a key issue has been the apparent conflict of interest between Justice Osiagor and Ebun-Olu Adegboruwa SAN, who represents the respondents. I have been constrained to raise concerns about the potential lack of fairness in the proceedings due to the judge’s relationship with Adegboruwa SAN and his decisions in the case. For instance, Justice Osiagor appointed Samuel Ibrahim from Andersen LP as the court auditor, but it later emerged that Ibrahim had a prior professional relationship with Osiagor, raising ethical questions about impartiality. Moreover, Osiagor’s refusal to recuse himself from the case, despite allegations of bias, has fueled suspicions of favoritism towards the respondents.
In another troubling instance, Justice Osiagor granted a restraining order in favour of the respondents without a formal motion, and limited my access to key documents submitted to the court-appointed auditor, thereby undermining transparency and fairness in the proceedings. This has led to the apparent believe that Osiagor is intentionally favoring the respondents and deliberately hindering my ability to challenge the audit findings.
On 1 August 2023, there was a controversial invasion of Edmark offices, which was orchestrated by one Donald Anih with the Assistance of Patrick Ejedawe. The said invasion saw vital company land documents, laptops, and other sensitive materials carted away. This brazen act was part of a coordinated effort by the majority director to clear the premises, possibly to facilitate a sale of the properties in dispute.
In what appears to be a connected move, Adegboruwa SAN reportedly made an oral application in court to compel all parties, including me, to refrain from accessing the company’s property. This application has fueled suspicions that the majority director, in cahoots with Adegboruwa, may be working to vacate the premises under the guise of legal proceedings, while setting the stage for asset sales despite the ongoing litigation.
Adegboruwa SAN’s actions have also raised eyebrows. After an unfavorable ruling by Justice Aneke, he petitioned the National Judicial Council (NJC), resulting in the judge’s recusal. This move, coming immediately after the unfavorable ruling, is seen as an attempt to influence the judicial assignment process and delay proceedings. Additionally, Adegboruwa SAN has obstructed police investigations by filing a suit to prevent police involvement in the case, presenting a private forensic report as evidence to dismiss allegations of forgery, and even involving rogue elements of the Nigerian Police to enforce civil court orders, which is a violation of due process.
In his usual manner, Adegboruwa SAN quickly publicized Justice Osiagor’s emotional remarks in court, drawing significant social media attention, which is an attempt to manipulate public opinion and influence the outcome of the case. One wonders why a lawyer like him would prioritize social media attention and blackmail, rather than focus on getting justice from the courts.
It is also shocking that a judge of this calibre will make allegations without providing proof.
In my view, there has been a pattern in the failure to uphold impartiality, deviation from standard procedures, and attempts to manipulate legal processes which raises serious concerns warranting investigation by the National Judicial Council and other relevant disciplinary bodies.
I want to remind the judge that the burden of proof lies on him making that statement or argument. If someone asserts something, it’s their responsibility to substantiate their claim with facts, logic, or other forms of proof.
Maurice Anthony Etim.
