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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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NESREA Shuts Sunseed Oil Facility in Zaria Over Air Pollution Violations

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NESREA Shuts Sunseed Oil Facility in Zaria Over Air Pollution Violations

By: Michael Mike

The National Environmental Standards and Regulations Enforcement Agency (NESREA) has ordered the closure of the Sunseed Oil processing plant in Zaria, Kaduna State, following findings of severe air pollution linked to the facility’s operations.

NESREA said the action was taken after investigations confirmed that the plant was emitting harmful pollutants into the atmosphere in breach of the National Environmental (Air Quality Control) Regulations.

The regulations require industries to install effective pollution control systems and adopt cleaner production methods to minimize environmental and health risks.

A statement by the agency’s spokesperson, Nwamaka Ejiofor on Tuesday, said the level of emissions from the Sunseed Oil facility posed a direct threat to the surrounding environment and residents in nearby communities, prompting immediate intervention to halt further damage.

She noted that the enforcement exercise reflects the agency’s resolve to ensure that industrial operators comply with environmental standards and to protect the public from the dangers associated with uncontrolled industrial emissions and effluents.

Commenting on the development, the Director-General of NESREA, Prof. Innocent Barikor, warned companies operating across the country to adhere strictly to national environmental laws.

He stressed that the agency would continue to take decisive action against facilities whose operations endanger public health or degrade the environment.

NESREA reiterated its commitment to regular monitoring and enforcement, noting that environmental protection remains a critical component of sustainable development in Nigeria.

NESREA Shuts Sunseed Oil Facility in Zaria Over Air Pollution Violations

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Atiyaye unveils a book on the history of Kukar-Gadu

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Atiyaye unveils a book on the history of Kukar-Gadu

By: Yahaya Wakili

Millions of naira were realized at the Unveiling Potentials of Kukar-Gadu, Launching of History of Kukar-Gadu Book, Presentation of Kukar-Gadu Physical Development Plan, and Commissioning of Kukar-Gadu Empowerment Development Initiative at Kukar-Gadu town of Yobe state.

In his keynote address, the Chairman of the Kukar-Gadu Empowerment Development Initiative (KEDI), TPI, Barnabas Atiyaye, said the Kukar-Gadu Empowerment Development Initiative was triggered by Victim Support Funds’ (VSF) proactive intervention activities chaired by Gen. T. Y. Danjuma from inception to its closure in 2024.

He said through KEDI, we aim to create opportunities where there was once struggle to restore hope, where there was once despair, and to build bridges where there was once division. We are resolved to work for a Kukar-Gadu that is empowered, self-reliant, forward-looking, and united. We desire to be a springboard for the development of not only the Kukar-Gadu or Fika local government area, but the entire Yobe state and, by extension, the nation.

Mr. Barnabas revealed that the master plan of Kukar-Gadu is more than a technical document; it is a covenant with the future, a clear roadmap that defines how we as a community shall shape the physical, social, and economic destiny of our community, and it will also provide guidance for infrastructure, housing, agriculture, education, commerce, and environmental sustainability.

“The history of Kukar-Gadu” is more than a collection of dates and events. It is the story of our fathers, their struggles, their courage, their triumphs, and their faith. It tells of the foundations upon which we now stand, and in commissioning this book, we are not only honoring our past, we are preserving it for generations yet unborn.

Atiyaye appeals to individuals, schools, libraries, and government institutions to obtain copies of this book; it serves as a source of knowledge and inspiration for our youth so that they may know their roots and carry our values forward with pride. We pray that this book will keep alive the spirit of unity, courage, and progress that defines Kukar-Gadu. Ameen.

Speaking, the Chairman of the occasion, Dr. Ali Adamu Tikau (Talban Tikau), ably represented by Professor Dauda Abubakar, said that to have the Emir of Fika, along with the Emir of Pataskum, along with representatives of His Excellency, Governor Mai Mala Buni, CON, COMN, the representative of the Senator of the National Assembly, and many other personalities to come to this village in the Fika local government area, I will say that we are so excited and very proud of what is happening today.

He said the launching of the history of Kukar-Gadu is also a milestone at the program, and it is one of the highlights. It was a book written by Malam Ibrahim Sara Bangalu, who is also a son of Kukar-Gadu, and I had the opportunity of editing the book and making the necessary corrections before it was taken to press. It is a history that will help us reflect on who we are as a people. When a people do not know their history, when a people do not know where they come from, they will easily get lost. That is the purpose of launching.

“I would say that Kukar-Gadu, Goya district, Fika local government, and Gudi are places that are very special because of the type of educated people they have produced. I am a product of this community, and I am a living testament to the opportunities this community gave me, and I believe many are benefiting from it.

Also speaking, the district head of Goya, Alhaji Musa Garba Daya, said what the people of Kukar-Gadu did has become a big challenge to all the people of Goya district; they broke the record and urged the people to wake up to create something for the betterment of the people.

“If you observe, they print a master plan of Kukar-Gadu and focus on many years ahead. So this initiative—I am so impressed with it because it will help for the fiscal planning of the area for over ten years, as Alhaji Musa Garba Daya said.

According to him, the people of Kukar-Gadu are also commissioning the Empowerment Development Initiative, which was triggered by Victim Support Funds (VSF), chaired by Gen. T. Y. Danjuma, and I appreciate it so much because these will greatly assist both our youth and women of the area.

Atiyaye unveils a book on the history of Kukar-Gadu

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ActionAid Nigeria Warns of Rising Debt, Weak Social Spending in 2026 Budget Proposal

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ActionAid Nigeria Warns of Rising Debt, Weak Social Spending in 2026 Budget Proposal

By: Michael Mike

ActionAid Nigeria has raised serious concerns over the Federal Government’s proposed 2026 Appropriation Bill, warning that the budget could worsen Nigeria’s debt burden and further sideline key social sectors critical to poverty reduction and inclusive growth.

In its review of the ₦58.18 trillion budget proposal, the organisation said the 5.8 per cent increase over the 2025 approved budget does not sufficiently address long-standing fiscal and structural challenges. Instead, it noted that the financing plan, size of the deficit, and sectoral priorities pose risks to fiscal sustainability and accountability.

ActionAid Nigeria expressed particular concern over the continued extension of budget implementation timelines, which has resulted in the 2026 budget running alongside extended 2024 and 2025 budgets. According to the organisation, operating multiple budgets simultaneously weakens transparency, limits effective legislative oversight, and increases the risk of mismanagement of public funds, especially for capital and social sector projects.

The group, in a statement on Tuesday by its Country Director, Dr. Andrew Mamedu, also pointed to repeated post-submission changes by the National Assembly, including upward adjustments to allocations without secured funding sources, as a key factor contributing to funding gaps, delayed releases, and the rollover of projects across fiscal years.

On the fiscal outlook, ActionAid Nigeria highlighted that the proposed 2026 budget projects revenue of ₦34.33 trillion against total spending of ₦58.18 trillion, leaving a deficit of ₦23.85 trillion. It described the figure as the largest deficit in Nigeria’s history, representing sharp increases over the 2024 and 2025 deficits.

It warned that heavy reliance on borrowing, without strong investment in productive and social sectors, could deepen inequality and constrain long-term development.

ActionAid Nigeria said that despite government claims that education, health, agriculture, infrastructure, and security are priority areas, lamented that allocations to social sectors remain inadequate.

Mamedu, in the statement, noted that education allocated ₦3.52 trillion, about six per cent of the total budget, and health receiving ₦2.48 trillion, just over four per cent—are both far below international benchmarks, and in contrast with defence allotted spending standing at ₦5.41 trillion.

The organisation also faulted the budget for failing to address underemployment and poor-quality jobs, particularly among women and rural populations, noting insufficient investment in agriculture, rural infrastructure, and women-led enterprises. It further warned that weak funding for social protection programmes could worsen hardship for millions of Nigerians facing rising living costs.

ActionAid Nigeria also criticised the late submission of the Medium-Term Expenditure Framework, Fiscal Strategy Paper, and the 2026 Appropriation Bill, describing it as a breach of the Fiscal Responsibility Act.

The organisation urged the Federal Government and the National Assembly to end the practice of running multiple budgets, strengthen fiscal discipline, reduce dependence on borrowing, and significantly increase funding for education, health, agriculture, and social protection.

It stressed that Nigeria cannot overcome poverty through debt-driven spending, but through a people-centred and accountable budget that prioritises human development.

ActionAid Nigeria Warns of Rising Debt, Weak Social Spending in 2026 Budget Proposal

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