Marketing Edge Faults NIMN  False Claims on Breach of Act, Demands Apology

Fadekemi Ajakaiye 

Marketing Edge, Nigeria’s authoritative marketing and advertising publication, has faulted the Council of the National Institute of Marketing of Nigeria (NIMN) over its letter claiming a breach of the institute’s Act 2003 with respect to ‘rating’, as the reputable publication demands retraction and apology from the Council over all damaging reports earlier.

While demanding the Council to retract, apologise and cease further campaign of calumny, malicious damage and falsehood, MARKETING EDGE, in a letter signed by its attorney and addressed to the President and Chairman of the institute, described NIMN’s letter as misconceived and ill-advised and pre- posterous.

The letter signed on the media company’s Lawyer, Mr  Felix Akinnisola  of Akinnisola – Olubodun & Co Chambers observed that,”MARKETING EDGE is a Limited Liability Company (LLC) duly registered with the objective of carrying on the business of media practice, research and advertising amongst other things. 

“Following from the above is the fact that MARKETING EDGE is not a member of your institute by registration or practice such that she could not be brought under your supervision or regulations. One would have expected that you do your due diligence to know corporate entities that are your registered members before embarking on this sort of macabre dance,” the letter stated.

Further describing the Council’s letter as vague and ambiguous regarding the section of the cited law that is purportedly breached, the letter pointed out that MARKETING EDGE’s activities do not purpose, pretend or attempt to delve into issues relating to regulating the practice of marketing in so much as it relates to the authority granted to NIMN as an institute.

“Our client as a research organization and a media practitioner is constitutionally right to freely express opinion based on their years of research work and media practice without the imprimatur of anyone or body of persons. Your alleged breach is nothing but an exercise of right of free speech as enshrined in the constitution of the Federal Republic of Nigeria 1999 as amended. It is also enshrined in the UN Charter of Human rights on the right to freedom of speech and opinion. Our client does not require your approval before exercising such right.

“It is therefore preposterous, absurd, ridiculous and laughable that rather than wait to hear our client’s response to your letter of November 8th, 2023, you went ahead to release a malicious, defamatory, spiteful, poisonous and a venomous publication in The Punch Newspaper of 24th, November 2023, with the aim and intention of injuring the unblemished business, corporate and personal reputation of our client that had been built over the years upon strong ethical practice,” it added.

It would be recalled that NIMN wrote a letter to MARKETING EDGE which reads in part, ‘The Council of the National Institute of Marketing of Nigeria (NINM) wishes to bring to the attention of the Marketing Community other stakeholders of the profession and the general public that MARKETING EDGE Limited has been making’ rating based claims in their publications from November 4th, 2023 across the social media outlets. This is a clear breach of the enabling National Institute of Marketing of Nigeria (NIMN).”

Also, the Council’s publication in the national newspaper went further to state, “The marketing community, stakeholders in the industry and general public are once again requested to disregard any rating based claims made by MARKETING EDGE Limited who despite being called to order have remained adamant and continue to parade themselves in breach of the law and the object for which the company was set up.”

Describing the above mentioned publication and letter by NIMN as defamatory of MARKETING EDGE and injurious to its hard earned reputation, the attorney stated that NIMN’s actions are understood or capable of being understood to mean that MARKETING EDGE is a lawless entity, an impostor that lacks integrity and a law breaker. 

“This has not only injured her reputation but it has brought her to opprobrium in the eyes of the world and dragged her reputation in the mud. It is our demand that this malicious publication that seeks to gag our client’s fundamental human rights to free speech and personal liberty enshrined in the Constitution of the Federal Republic of Nigeria 1999 as amended be retracted within (14) fourteen days, with apologies published in three National and International Publications with global spread to be  made within same period.

“Note that if our demands are not met within the stipulated time frame, we shall be constrained to commence legal process to redeem our client’s hard earned global reputation.

“We believe that as a reputable institute, the institute will not allow itself to be dragged in the mud by any unscrupulous self-seeking and toxic individuals that may want to use the institute for their personal gain,” the letter stated.