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

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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

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DSS-led joint operation crushes ESN strongholds, kills top kingpins in Imo

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DSS-led joint operation crushes ESN strongholds, kills top kingpins in Imo

By: Zagazola Makama

A wave of coordinated security offensives in Imo State has barbecued the Eastern Security Network (ESN), the militant wing of the proscribed Indigenous People of Biafra (IPOB), with the killing of key kingpins and the dislodgement of notorious terrorist camps in forested parts of Njaba and Isu Local Government Areas.

Zagazola Makama understand that The offensive, which began on June 29, was spearheaded by the Department of State Services (DSS) in close collaboration with the Nigeria Police Force, special forces, and local tactical units.

It was launched after the arrest and detailed confessions of two ESN commanders Uchenna Opara, popularly known as Ntanta Miri, and Ozioma Ihedoro, a.k.a OZ, both natives of Umuaka community in Njaba LGA.

Acting on actionable intelligence, the joint team raided and obliterated several terrorist enclaves, including Umuele Umuaka, Ezioha, and Ugbele Umuaka, known safe havens of the separatist group.

A fierce gun battle ensued as operatives stormed the camps. Three ESN fighters were neutralised during the confrontation, while others reportedly escaped with bullet wounds. Their bodies were later recovered along the Ugbele Umuaka axis.

What followed was a methodical clearance operation targeting the B44 camp cluster, long considered one of ESN’s strategic base networks. The camps, codenamed B44 Tangle 2, 4, 5, 7, and 9, were all successfully dislodged by the joint force.

A caterpillar operator working with the team was tragically killed in the line of duty when the group came under sudden fire while approaching the B44 main camp. He was rushed to the Federal University Teaching Hospital (FUTH), Owerri, but later confirmed dead by a medical officer on duty.

Items recovered from the operation included:
One AK-47 rifle, 15 rounds of live ammunition, pump-action shotgun, two locally made IEDs, one human skull and a Biafran flag

In addition, two suspected ESN members were arrested during the combing of nearby bush paths. The duo Emeka Ogene Sabinus of Ezi Isu in Isu LGA and Nnabuike Emmanuel of Ohofia Oduma in Aninri LGA, Enugu State were said to bear tribal incisions associated with the proscribed militia.

The collapse of the B44 cluster was significant in the counterinsurgency drive in the South-East, where pockets of armed resistance have posed growing threats to residents, security personnel, and national assets.

“The terrain is difficult, but our operatives are relentless,” a senior official close to the operation said. “We are targeting leadership figures, supply chains, and safe havens.”

Meanwhile, efforts are ongoing to apprehend fleeing fighters, with mop-up operations continuing in adjoining forest belts across Orlu, Njaba, and Isu corridors.

The Imo offensive adds to a growing list of successes by joint intelligence-led operations aimed at stabilising regions grappling with armed separatist violence, kidnappings, and the weaponisation of local grievances.

DSS-led joint operation crushes ESN strongholds, kills top kingpins in Imo

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FCT police arrest three wanted kidnappers linked to killings, mass abductions

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FCT police arrest three wanted kidnappers linked to killings, mass abductions

By: Zagazola Makama

The Federal Capital Territory (FCT) Police Command has arrested three most-wanted bandits and kidnappers operating across Abuja and neighbouring parts of Kaduna State.

According to a police sources, the arrests were carried out on June 29 between 5:00 a.m. and 6:00 p.m., by operatives of the Scorpion Squad led by ACP Victor O. Godfrey, following actionable and digital reconstructive intelligence.

The sources told Zagazola Makama that the suspects were identified as: Abdulkadir Abubakar, a native of Mpape, FCT, Mohammed Tasiu Sani, of Rigina, Kaduna State, Suleiman Jibrin, 27, of Sabon-Gayan, Kaduna State.

The three suspects, all Fulani by tribe, have been on the command’s most-wanted list for
their roles in multiple kidnapping and banditry operations, particularly in Jere, Kajuru, the FCT and its environs.

During interrogation, the suspects confessed to abducting victims and moving them to detention camps in Kachia and Rigina forests in Kaduna State. Some victims, they admitted, were held for months, while others were killed at will.

The sources revealed that one of the suspects, Abdulkadir Abubakar, provided disturbing details of internal executions within the gang, in which some members were killed by their own leaders over mistrust and betrayal.

An operational motorcycle, popularly referred to by locals as the “Boko Haram Motorcycle,” was recovered during the raid. The suspects are currently assisting operatives in ongoing efforts to recover arms and ammunition, and to track down other gang members still at large.

FCT police arrest three wanted kidnappers linked to killings, mass abductions

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Young farm labourer shot dead while fleeing Amotekun in Osun

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Young farm labourer shot dead while fleeing Amotekun in Osun

By: Zagazola Makama

A 20-year-old farm labourer identified as Solomon (surname yet unknown) has been found dead with gunshot wounds after he was allegedly shot by a member of the Western Nigeria Security Network, also known as Amotekun, along the Ilesa/Iperindo Road in Osun State.

The incident, which occurred on June 29, followed the reported confrontation between a local security operative and a group of five farm labourers on their way to a farmland.

According to Temidayo Olowookere, the employer of the deceased, the labourers were accosted around 11:00 a.m. by an Amotekun operative, one Ajayi Ibukun, who accused them of extorting money from passersby. Two members of the group were apprehended, while the remaining three fled into the bush.

Olowookere said the detained workers were later released to him in the afternoon. However, later in the evening, when two of the three fleeing labourers returned, Solomon remained missing.

A search party was immediately organised. His body was discovered in the bush with gunshot wounds on his back, raising suspicions that he may have been shot during the initial confrontation.

His remains were evacuated to Wesley Guild Hospital, Ilesa, where he was confirmed dead and deposited at the morgue for autopsy.

Police say efforts are currently underway to trace and apprehend the security operative allegedly involved in the shooting, while the community continues to call for justice.

Young farm labourer shot dead while fleeing Amotekun in Osun

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