Nigerian Suspects Face Prosecution in Brand Protection Case
In December 2020, Halliday Finch in partnership with law enforcement Officers of the Nigerian Police Force undertook a successful enforcement on behalf of their client, in Lagos, on three major outlets selling potentially very dangerous counterfeited air conditioner components.
Suspects Charged on Three Counts
The investigation has recently been transferred to the Courts and the traders have been charged on three counts:
- Infringement of the Merchandise Marks Act for alleged trademark forgery
- Counterfeiting
- Application of false trade description.
Offences that are now taken very seriously in Nigeria when they threaten the health and safety of Her people.
Persistence and Partnerships
As we have highlighted in the past getting these sorts of cases to Court are not easy. The brands persistence and Halliday Finch’s unique ability to work closely with Law Enforcement Agencies has played a significant role to ensure the suspicions become charges and the charges became a prosecution.
The three suspects were granted bail to the sum of USD 24,330 each and were transferred to the Ikoyi Correctional Centre, whilst these very strict bail terms were finalised.
The suspects had to provide two guarantors each and submit to the Court their international passports, to prevent them from leaving the country. This is ‘law enforcement’ and acts as a clear deterrent to others.
Predictably the defendants have refused to cooperate and have actively tried to pervert the course of justice in order to compromise the case. Despite these attempts the Nigerian Police Force and certain members of the Nigerian Judiciary have held true to their commitment to enforce the law for their country.
To date (8th November 2021) the suspects are still in jail as they could not meet the bail requirements.
The Brand Enforcement Challenge
One of the greatest challenges faced by brands is to see an enforcement against suspects all the way through to a successful prosecution. Often having the police evidence in perfect order, accessing the right members of the judiciary that understand the gravity of the crime, and are willing to bestow sentences that are punitive is a challenge. It is also essential to have a brand holder with the will and patience to proceed under such difficult circumstances. Rarely do all these elements come together, when they do, it is magic.
Belief in a Positive Outcome
This is only the beginning of the court process, but the Halliday Finch team are immensely proud of the part they have played.
However, the real key was the faith the brand holder had in Halliday Finch that they would navigate them through these difficult waters. Without that full support and belief in a positive outcome in Nigeria this success would not have been possible.
“I did not think it was possible to get this far with a prosecution in Nigeria, Halliday Finch have gone above and beyond the call of duty to achieve my aim. Thank you HF.” Brand Holder
If you have any queries with regard to brand protections activities in Lagos, Nigeria or elsewhere in Africa, please do not hesitate to contact us at: info@hallidayfinch.com