Connect with us

News

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

Published

on

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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

One killed, three injured as gunmen attack farmers in Plateau

Published

on

One killed, three injured as gunmen attack farmers in Plateau

By: Zagazola Makama

The Plateau State Police Command has confirmed the death of one person and injuries to three others following an attack by suspected Fulani militias on Kopmur village, Mushere District, Bokkos Local Government Area.

Zagazola Makama gathered that the incident occurred on Oct. 22 at about 4:00 p.m., when the armed assailants stormed a house where some local farmers had taken shelter and opened fire.

The attack led to the death of Dashan Mwanar, 42, while Sonma Mwanar, 32, Kyenkyes Dakup, 26, and Joy Vumshak, 25, sustained varying degrees of injuries.

The Divisional Police Officer (DPO), Bokkos Division, led a team to the scene, where the injured victims were rescued and taken to the hospital for treatment.

The police said the deceased’s remains had been released to his relatives for burial after the family declined an autopsy.

Meanwhile, sources assured that investigation is ongoing, with intensified efforts to apprehend the culprits and prevent further attacks in the area.

One killed, three injured as gunmen attack farmers in Plateau

Continue Reading

News

FCT Police, vigilantes comb bushes to rescue abducted school principal, daughter in Abuja

Published

on

FCT Police, vigilantes comb bushes to rescue abducted school principal, daughter in Abuja

By: Zagazola Makama

The Federal Capital Territory (FCT) Police Command has intensified search and rescue operations following the abduction of a school principal and his daughter in Abaji Area Council of the FCT.

Zagazola Makama gathered that the incident occurred on Oct. 22, 2025, at about 3:00 a.m., when a group of armed kidnappers invaded the residence of Mr. Zakari Yelwa, Principal of Narati Government Secondary School, located opposite the Technical College, Abaji.

The assailants reportedly forced open the door to the residence and abducted Mr. Yelwa and his daughter, Hafsat Zakari, to an unknown destination.

Upon receipt of the distress call, a combined team of police operatives, the Anti-Kidnapping Unit, vigilante groups, and local hunters was immediately deployed to the scene.

The team has since launched a coordinated search operation, combing the surrounding bushes and hills in a bid to rescue the victims and apprehend the kidnappers.

Police authorities assured residents of Abaji that all efforts are being made to ensure the safe rescue of the victims and urged the public to report any useful information that could aid the ongoing operation.

FCT Police, vigilantes comb bushes to rescue abducted school principal, daughter in Abuja

Continue Reading

News

Soldier found dead after chasing attacker in Kwara

Published

on

Soldier found dead after chasing attacker in Kwara

By: Zagazola Makama

A Nigerian Army personnel has been found dead after pursuing an assailant in Twatagi village, Patigi Local Government Area of the state.

Zagazola Makama gathered that the incident occurred on Oct. 21, 2025, around 5:30 p.m., when the deceased soldier, Private Usman Alhaji attached to Apapa, Lagos, was riding on a motorcycle with one Muhammad Baba, a native of Twatagi village.

While on their way to Patigi town, they encountered a man walking along the road with a stick, who suddenly struck them as they passed by. The man immediately fled into the bush.

The sources stated that Private Alhaji pursued the assailant on foot but failed to return. After waiting for hours without seeing him, Muhammad Baba reportedly searched the area but could not locate the soldier.

However, at about 2:00 p.m. the following day, villagers discovered the lifeless body of the soldier in the bush.

Police operatives visited the scene and observed that the victim sustained a stab wound to the neck.

The body was released to the family for burial in accordance with Islamic rites, while efforts are ongoing to identify and apprehend the perpetrator.

Soldier found dead after chasing attacker in Kwara

Continue Reading

Trending

Verified by MonsterInsights