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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
SOJA Condemns Alleged Abduction of Teachers, Students in Oyo, Demands Urgent Rescue Efforts
By: Michael Mike
A human rights organisation, Speak Out for Justice Advocacy Ltd./Gte. (SOJA), has condemned the reported abduction of teachers and students in Oriire Local Government Area of Oyo State, describing the incident and the alleged killing of a teacher, Mr. Michael Oyedokun, as “a case too many.”
In a statement issued on Thursday, the group expressed deep concern over reports that armed attackers abducted teachers and students from schools within the council area around May 15, 2026, while Mr. Oyedokun, a Mathematics teacher at Community High School, Ahoro-Esiele, was reportedly killed during the incident.
The organisation said several victims were still believed to be in captivity awaiting rescue.
SOJA, led by its Founder and Executive Director, Hameed Ajibola Jimoh, commiserated with the affected families and communities, warning that repeated attacks on schools and civilians across parts of the country were becoming alarming.
According to the advocacy group, the incident, if confirmed, raises serious constitutional and human rights concerns under both Nigerian law and international treaties to which Nigeria is a signatory.
Citing Section 14(2)(b) of the 1999 Constitution, SOJA stressed that “the security and welfare of the people shall be the primary purpose of government,” while Sections 33, 34 and 35 guarantee the rights to life, dignity and personal liberty.
The group also referenced Nigeria’s obligations under several international and regional legal frameworks, including the United Nations-backed International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the African Charter on Human and Peoples’ Rights (ACHPR), and the African Charter on the Rights and Welfare of the Child (ACRWC).
SOJA argued that the obligations imposed by these instruments go beyond symbolic commitments, requiring authorities to take practical and preventive steps to protect lives, especially those of vulnerable groups such as school children and teachers.
“The implication of these obligations in the present circumstances is that government responsibility extends beyond merely reacting after tragic events occur,” the statement said.
The organisation acknowledged reports that security agencies had intensified rescue operations and investigations, but maintained that recurring attacks on schools demanded more decisive and proactive measures.
“This is a case too many,” the statement added.
SOJA therefore called for the immediate intensification of lawful rescue efforts for those still in captivity, a thorough investigation into the incident, prosecution of perpetrators, strengthened security around schools and vulnerable communities, and adequate support for affected victims and families.
The group further urged the government to undertake a comprehensive review of strategies aimed at preventing future attacks on educational institutions.
“Teachers should not become targets. Schools should not become zones of fear. Children should not bear the burden of insecurity,” the organisation stated.
SOJA Condemns Alleged Abduction of Teachers, Students in Oyo, Demands Urgent Rescue Efforts
Troops recover suspected stolen motorcycle in Plateau
By: Zagazola Makama
Troops of Sector 6, Operation Enduring Peace have recovered a suspected stolen motorcycle following a pursuit of suspected motorcycle snatchers in Riyom Local Government Area of Plateau.
Security sources disclosed that the incident occurred at about 6:30 p.m. on May 21 along the Bachi-Banghai road after troops received reports on the activities of suspected motorcycle snatchers in the area.
The sources said the troops immediately mobilised and pursued the suspects, who abandoned the motorcycle and fled upon sighting the security personnel.
According to the sources, the recovered motorcycle has been secured, while efforts were ongoing to identify the rightful owner and apprehend the fleeing suspects.
The military said the operation formed part of sustained efforts to combat criminal activities and enhance security across Plateau.
Troops recover suspected stolen motorcycle in Plateau
Troops launch rescue operation after abduction in Plateau
By: Zagazola Makama
Troops of Sector 1, Operation Enduring Peace have launched a rescue operation following the abduction of a resident in Bassa Local Government Area of Plateau.
Security sources disclosed that the incident occurred at about 11:00 p.m. on May 21 when gunmen reportedly abducted Mr Eze Emeka from his residence at Agingi village.
The sources said troops swiftly responded to the distress report and commenced rescue operations in collaboration with other security agencies.
According to the sources, efforts were ongoing to track down the kidnappers and secure the safe release of the victim.
The military assured residents that security forces were intensifying operations to curb criminal activities in the area.
Troops launch rescue operation after abduction in Plateau
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