ECOWAS Court Dismisses Claims of Property Rights Violation Initiated by Nigerian Software Developer

By: Michael Mike

The Community Court of Justice, ECOWAS on 12 May 2025 delivered its judgment in Case No ECW/CCJ/APP/25/24 concerning alleged property rights violation, specifically, breach of intellectual property rights. However, the Court dismissed all claims of rights violation considering that there was no deprivation of property or unlawful control of another’s property.

Case background
The Applicants – Mr Solomon Ekolama, a Nigerian and registered Engineer suing alongside a company registered in Nigeria – Far-Reaching Technologies claimed they developed a security software for crime management which was registered and certified by an agent of the Respondent – The Federal Government of Nigeria, in 2016. They averred that they submitted a copy to the National Information Technology Development Agency (NITDA) an agency of the Respondent, after which both parties held series of meetings and presentations that enabled access to their intellectual property.

They argued that NITDA published an identical software application on Google Playstore under a different name. They added that the functionality and administrative procedure of the Respondents’ application is a direct copy of their creation, accusing the Respondent of violating their right to property, theft of software application and invasion and infringement of their right to property.

The Applicants concluded that the Respondent was liable for intellectual property theft resulting in unquantifiable loss to them. They notified the Respondent of its breach of intellectual property rights on 14 August 2019.

The Respondent – Federal Republic of Nigeria denied the claims of the Applicants adding that the efforts and expenses incurred in the development of the software were done “within the freewill and pleasure of the Applicants.

Although the Respondent admitted the software was registered and certified by its agency, it argued that it did not contract the Applicants to produce or design a software and that it does not award contracts except through a procurement process in line with its Public Procurement Act. It added that the security number of its application differs from that of the Applicants’ and that the matter was premised on allegation of intellectual property theft which falls within the competence of national courts. Consequently, the Respondent urged the Court to dismiss the case in its entirety.

Court’s Findings
The Court noted that:
· The Applicants relied on Article 14 of the African Charter (ACHPR), Article 26 of the International Convention on Civil and Political Rights (ICCPR), the Berne Convention for Protection of Literary and Artistic Work and the World Intellectual Property Organisation (WIPO) Copyright Treaty as well as the Constitution of the Federal Republic of Nigeria.
· In accordance with Article 9(4) of its Supplementary Protocol, it could determine the matter as it relates to Article 14 of the ACHPR and Article 26 of the ICCPR but that the Berne Convention for Protection of Literary and Artistic Work and the World Intellectual Property Organisation (WIPO) Copyright Treaty were body of laws outside its areas of competence.
· The Applicants’ submissions under Sections 42 and 43 of the Constitution of Nigeria were understand as the Court lacks competence to examine laws of Member States or review decisions of national courts.
· The Application meets the requirements for admissibility under Article 10(d) of the Supplementary Protocol.
· The Applicants’ claims and evidence suggest a theft of their propriety interest which is a crime and not violation of right to property, and contrary to the civil character of the Court.
· The Applicants still possessed ownership of their software creation and no unlawful control has been exercised by the Respondent. Therefore, there was no breach of Article 14 of the ACHPR.
· On the right to equality under Article 26 of the ICCPR, the Applicants made no credible submissions.

Court Decision
The Court:
· Declared it had jurisdiction to determine the matter.
· Declared the matter was admissible in relation to Article 14 of the ACHPR and Article 26 of the ICCPR.
· Dismissed all claims for violations of rights including right to property and right to equality before the law.
· Ordered the Respondent to bear the costs.

Judicial Panel
The judgment was rendered by a panel comprising:
§ Hon. Justice Sengu Mohamed Koroma (Presiding Judge and Judge Rapporteur)
§ Hon. Justice Gberi-Bè Ouattara (Member)
§ Hon. Justice Edward Amoako Asante (Member)

ECOWAS Court Dismisses Claims of Property Rights Violation Initiated by Nigerian Software Developer

This Is A Great Time To Invest In Nigeria, VP Shettina Tells Islamic Devt. Bank

• Says President Tinubu reforms creating conducive environment for investments

By: Our Reporter

The Vice President, Senator Kashim Shettima, has said it is currently a great time to invest in Nigeria, as the administration of President Bola Ahmed Tinubu has addressed most of the grey areas that hitherto served as disincentives to investors.

According to him, the foundation laid by the Renewed Hope administration through critical reforms in key sectors of the economy is creating the right environment for investments in Nigeria.

The Vice President stated this on Tuesday when he received on a courtesy visit to the Presidential Villa, a delegation from the Islamic Development Bank (IsDB) led by the Head of its Regional Hub, Mr Hammad Hundal.

“It is an exciting opportunity to invest in Nigeria. The administration of President Bola Ahmed Tinubu has created the enabling environment and is still doing so by addressing most of the grey areas that hitherto served as a disincentive. So, this is a great time to invest in Nigeria,” he said.

Senator Shettima pointed out that with well-thought-out interventions in human capital development, nutrition, agriculture, health, education and promotion of digital trade, the administration has demonstrated commitment in addressing challenges in the critical sectors.

“This administration is poised to address the challenges that we have in key areas of human capital development, financial inclusion, infrastructure and nutrition. In fact, we have no option but to address most of these issues, and we will continue to act in the right direction,” he maintained.

The Vice President applauded Nigeria’s partnership with the Islamic Development Bank, noting that both entities are based primarily on the country’s national interest.

He urged IsDB to continue on the path already laid through its support for key government programmes such as the Special Agro-Processing Zones (SAPZ) programme, the i-DICE project and other initiatives, including the development of a Halal economy in the country.

He continued: “Let us cross-pollinate ideas and come up with a design for your Country Engagement Framework (CEF). I want you to record in your Country Engagement Framework, the development of a Halal economy, promotion of digital trade, financial inclusion and other areas. I urge closer collaboration to enable us to address some of these challenges.”

Senator Shettima further noted that the bank’s programmes in Nigeria aligned with the Renewed Hope Agenda of President Tinubu across different sectors.

He called for improved support from the bank in areas of agriculture, human capital development, gender inclusion, investment in education and health infrastructure, and nutrition.

Earlier in his remarks, the IsDB’s head of regional hub in Abuja, Mr Hundal, said the bank was committed to scaling up its intervention through a holistic review of its Country Engagement Framework (CEF) in Nigeria to prioritise key aspects of the agenda of President Tinubu.

He identified key areas of its intervention in the country, including economic infrastructure, support for the private sector, energy security, and the i-DICE programme.

The highpoint of the meeting was the presentation of the bank’s Country Engagement Framework (CEF) to the Vice President by its Country Economist, Dr Obioma Asuzu.

The CEF highlights key broad strategic objectives of boosting recovery, tackling poverty and building resilience, and driving green economic growth.

She said the IsDB CEF for Nigeria is driven by the country’s national priorities, partnerships with critical stakeholders, and resource mobilisation.

This Is A Great Time To Invest In Nigeria, VP Shettina Tells Islamic Devt. Bank

Nigeria-China Relationship More Pragmatic than Others, Says Foreign Affairs Minister

By: Michael Mike

The Minister of Foreign Affairs, Ambassador Yusuf Tuggar has described Nigeria China relationship as perhaps the most pragmatic for the country better than most other foreign relationships the country has currently.

The Minister disclosed this at a day dialogue to chat the way forward due to the current tarrifs war by the United States of America (USA),

The dialogue was organised by the Centre for Chinese Studies on Tuesday in Abuja, with the theme: “Maintaining Resilience and Seeking Opportunities in Nigeria-China Cooperation, amidst International Trade Disruptions and Tariff Wars “

The Minister, who was represented by Amb. Mohammed Haidara, said that though Nigeria-China relationship was a later one, but has come with a lot of benefits.

He said: “I must say, for Nigeria, our relation with China is maybe a latter-day relation in comparison to our interaction with Europe or the Western world.

“Our relations with China has been more pragmatic than relations with the rest. Chinese are very engaging.”

Speaking further he said, “the trade disruptions occasioned by the tariff regime instituted by the United States might perhaps even give us another opportunity, perhaps a greater opportunity for Nigeria; indeed, Africa, to trade more with China, which we all know is a formidable force in the trade and economic era in the world.”

He also noted that the Nigerian government will soon come up with its response to the USA trade trariffs. “Let me also say that the Nigerian government, through inter-agency efforts, are also trying to articulate and make a position, a common position, on how to respond within the 90-day window that we’ve been given.

“But what I can assure you is that ours is not going to be confrontational. We’re going to be as constructive as possible while responding to these measures.

The Chinese Ambassador to Nigeria, Yu Dunhai, said China and her partners must work together to survive this tarrifs war.

Speaking through a Chinese Diplomat, Hairong Dong, Yu said: “This tariff levied by the U.S. government has impacted all its trading partners throughout the world, and also China and of course, Nigeria.

“We need to work together to sail through this turbulent and torrent waters. And as we all know that China and Nigeria have been very close partners, especially in trade. We are key partners.

“Our trade volume reaching 22 billion U.S. dollars. And it’s among the highest in the African countries. And we value our cooperation and coordination with Nigeria, “

“We’re very eager to hear your insights from the business world, from the government, and from the academics, and also from the media, from all the communities in Nigeria to share your insights and your views, to exchange views and your opinions, especially your advice to us on how to move forward, to build a strong relationship, and also to advance our mutually beneficial cooperation in the years ahead.”

The Minister of Humanitarian Affairs, Prof. Nentawe Yiwatda, speaking through her Special Assistant, Paul Dawnson said, “China, Nigeria has a long history. They used to say, China say what it means, and China means what it says. So the relationship of Nigeria and China has been a relationship of trust.”

The Director, Centre for China Studies, Charles Onunaiju, said the dialogue was organised to:

“Discuss, examine, interrogate those new opportunities that we assembled here, so amid contradiction and crisis, there is also new opportunities. And it is actually the purpose of our meeting today, to examine, interrogate, and extrapolate potential opportunities amidst these disruptions and conflicts.

“In every crisis, there is opportunity. And actually, it is that opportunity that we intend to discuss today in the election to our cooperation and engagement with China.”

Nigeria-China Relationship More Pragmatic than Others, Says Foreign Affairs Minister