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ECOWAS Court Dismisses Claims of Property Rights Violation Initiated by Nigerian Software Developer
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
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
By Zagazola Makama
The troops of Operation FANSAN YANMA have rescued one kidnapped victim and neutralised a suspected armed bandit following an attack on Dankabali Village in Talata Mafara Local Government Area of Zamfara State.
Security sources said the incident occurred at about 3:00 a.m. on April 30 when about 20 armed bandits on 10 motorcycles invaded the community in Kagara District and abducted four residents.
The sources disclosed that the abducted persons were identified as Ladan Mani Sarkin Diya, Halima Mani, Rabiatu Muhammad, and Karima Muhammad.
According to the sources, the troops under Operation Fansar Yamma and the police joint tactical team was mobilised immediately after receiving the distress call and commenced search-and-rescue operations.
They added that during a combing operation in a nearby forest, the joint forces made contact with the bandits, leading to an exchange of fire in which one bandit was neutralised.
The sources further said one of the abducted victims, Ladan Mani Sarkin Diya, was successfully rescued unharmed, taken to the General Hospital in Talata Mafara for medical examination, and later reunited with his family.
They noted that ongoing operations are aimed at rescuing the remaining three victims and apprehending the fleeing suspects.
Security presence has since been reinforced in the Dankabali axis, while surveillance and patrols have been intensified to prevent further attacks.
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
By Zagazola Makama
The troops of Operation FANSAN YANMA have foiled an attempted attack by suspected Lakurawa bandits and recovered 27 rustled animals in Silame Local Government Area of Sokoto State.
Security sources said the incident occurred at about 8:00 p.m. on May 1 when a large number of armed bandits invaded Gumki and Zeringo-Gande villages, firing sporadically and rustling domestic animals.
The sources disclosed that upon receiving the distress the troops swiftly mobilised and blocked routes leading to the bandits’ camp in Zamori forest.
According to the sources, the troops engaged the attackers in a gun duel, overpowering them and forcing their retreat toward the Niger Republic border.
They added that all 27 rustled animals were successfully recovered and would be returned to their rightful owners.
The sources further confirmed that no casualties or injuries were recorded among security personnel during the operation.
Security presence has since been reinforced in the area, with continuous patrols to prevent further incursions.
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
Teenager Dies After Fight with Neighbour in Yobe Community
By Zagazola Makama
A 14-year-old boy, Musa Umar, has died following a violent altercation with a neighbour in Jama’are village via Fika in Yobe State.
Security sources said the incident occurred on April 30 at about 10:00 p.m. when Musa engaged in a fight with another minor, Adamu Yusuf, 12, during which he was struck on the head with a stick.
The sources disclosed that the injured boy was initially rushed to Gadaka General Hospital for treatment before being referred to Fika General Hospital due to the severity of his condition.
According to the sources, Musa died on the way to the referral hospital and was later certified dead by a medical doctor.
They added that the body was documented and released to the family for burial following necessary procedures.
The sources further said efforts are ongoing to apprehend the suspect, while investigations have commenced to determine the circumstances surrounding the incident.
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One Rescued, Bandit Killed as troops Repel Attack in Zamfara
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