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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
News
Flood: Over 1,200 Houses Affected in Damboa and Chibok

Flood: Over 1,200 Houses Affected in Damboa and Chibok
By: Our Reporter
Borno State Emergency Management Agency (SEMA) has carried out rapid assessment in communities affected by the recent flood disaster in Damboa and Chibok local government areas with 1,209 houses affected in 4 different communities.
Borno State governor, Professor Babagana Umara Zulum, has earlier directed the Agency to immediately carry out assessment and intervention in communities affected by flood and windstorm disasters.

The affected areas include Gumsuri, Garjang and Wovi in Damboa as well as Mboa, Whuntaku and Yarchida villages of Chibok local government.
Governor Zulum had, on Tuesday, sympathised with residents of the affected communities and families of those that lost their loved ones in Chibok, Damboa and Askira

“I received with profound sorrow the sad news of the devastating flood disaster in Gumsuri, Wovi and Garjang in Damboa as well as the people of Mboa, Whuntaku and Yarchida villages of Chibok local government which claimed lives and displaced many families. My thoughts and prayers are with the bereaved families and all those affected by these disasters,” Governor Zulum stated.
During the on-the-spot assessment, the Acting Director General of SEMA, Ali Abdullahi Isa, said his visit was at the instance of the governor, assuring to deliver relief items to victims of the disaster.
“As directed by his Excellency, the Executive Governor of Borno State, Prof. Babagana Umara Zulum, we have carried out on-the-spot assessment of all the areas affected by the flash flood in the two local governments,” Ali stated.

“A total of 1,103 houses in Gumsuri, Wovi and Garjang in Damboa LGA have been severely affected while 106 houses in Mboa, Whuntaku and Yarchida villages of Chibok local government were also affected,” he added.
The DG prayed Almighty Allah to prevent future occurrences.
Meanwhile, the Acting Director General of SEMA has provided relief items to families affected by the windstorm disaster in Rumirgo town of Askira Uba local government.
The DG alongside district coordinator of the Agency were received by the Vice Chairman and the District Head of the area.
Flood: Over 1,200 Houses Affected in Damboa and Chibok
News
Troops neutralise terrorists, recover arms in Pulka-Kirawa axis

Troops neutralise terrorists, recover arms in Pulka-Kirawa axis
By: Zagazola Makama
Troops of Operation Hadin Kai have neutralised two terrorists and recovered weapons and logistics items during a fierce encounter along the Pulka–Kirawa road in Borno State.
Sources told Zagazola Makama on Thursday that the encounter occurred as troops engaged a group of terrorists attempting to cross toward the Dar-Jamal area around the Miyanti axis.

The confrontation, which resulted in a sustained firefight, led to the elimination of two terrorists, while others fled with gunshot wounds.
Items recovered from the scene include AK-47 rifles with loaded magazines, motorcycles, Baofeng radios, cell phones, hard drugs, medical drips, and mini solar panels, believed to be used by the terrorists for field operations.
The troops have continued to pursue the fleeing insurgents as part of the ongoing offensive operations in the general area.
Troops neutralise terrorists, recover arms in Pulka-Kirawa axis
News
VP Shettima Inaugurates NCGC Board, Says Firm Will Unlock MSME Financing In Nigeria

VP Shettima Inaugurates NCGC Board, Says Firm Will Unlock MSME Financing In Nigeria
By: Our Reporter
Vice President Kashim Shettima has inaugurated the Board of Directors of the National Credit Guarantee Company Limited (NCGC Ltd), charging members to deepen financial inclusion and stimulate Nigeria’s grassroots economy.
The new institution is designed to serve as a financial backbone for micro, small, and medium enterprises (MSMEs) struggling with access to affordable credit.
Speaking on Thursday during the inauguration ceremony at the Presidential Villa, Vice President Shettima said the establishment of NCGC represents the government’s commitment to bridging the financing gap that has long plagued MSMEs across the country.
President Bola Ahmed Tinubu had on May 29, 2025, announced the establishment of the company, just as he also approved the appointment of its board and management team.
The President also appointed former Speaker of the House of Representatives, Rt. Hon. Yakubu Dogara, as Chairman of the NCGC Board, while Mr. Bonaventure Okhaimo was appointed the Managing Director and Chief Executive Officer.
While inaugurating the board, the Vice President said, “This is our response to a stubborn challenge that has stifled our economic potential for decades—access to finance. These entrepreneurs do not ask for handouts; they ask for the credibility of their ideas to be matched by the confidence of our financial institutions.”
Describing the NCGC as “a critical engine in our pursuit of economic inclusion and sustainable growth,” VP Shettima explained that the company will serve as a vital bridge between entrepreneurs and financial institutions, providing the trust needed for small businesses to secure loans.
He cited instances of farmers, traders, artisans, and tech entrepreneurs across the country who, despite being productive, are often stranded due to a lack of collateral or guarantees.
“NCGC is that bridge. It is the assurance that when a farmer in Ibadan needs a loan to expand her cocoa farm, when a tech start-up in Abuja needs working capital to scale, when a leather artisan in Kano seeks to mechanise his craft, and when a trader in Onitsha needs capital to expand, the system will no longer fail them. It is a promise that productive Nigerians will not be stranded for want of guarantees,” the Vice President said.
To the newly inaugurated board, chaired by former Speaker Dogara, VP Shettima urged its members to combine “prudence with courage, accountability with ambition,” as they translate national policy into impact.
“This is a call to deploy your diverse expertise not only as overseers but as enablers of transformation,” he charged, adding that the new board’s leadership is important in unlocking capital for Nigeria’s most enterprising but underserved sectors.
“On behalf of His Excellency, President Bola Ahmed Tinubu, GFCR, and the Federal Government of Nigeria, I hereby declare the Board of Directors of the National Credit Guarantee Company Limited duly inaugurated,” he stated.
Earlier, the new board’s Chairman, Rt. Hon. Dogara thanked President Tinubu for the bold and courageous leadership he is providing for the country.
“The establishment of NCGC is an attempt to give vent to our democracy to deliver on its promise. As it is said, the promise of democracy is life, liberty and the pursuit of happiness.
“You can be alive and may enjoy all the rights, but if you don’t have the means with which to pursue happiness, you are excluded from the promise of democracy. Our democracy must deliver not just political and individual rights but economic opportunities,” he said.
In his remarks, the Managing Director (MD) of the Bank of Industry (BOI) and member of the board, Dr. Olasupo Olusi, said that the establishment of the NCGC reflects the administration’s unwavering commitment to removing structural barriers that long constrained access to finance for MSMEs, manufacturers, consumers and other segments of the economy.
“This milestone is a result of dedicated hard work by a coalition of partners like BOI, Ministry of Finance Incorporated, Nigerian Consumer Credit Corporation, Nigeria Sovereign Investment Authority and the World Bank, who have all worked closely together under the direction of the Presidential Committee,” he said.
Other members of the board include Mrs. Tinoula Aigwedo, Executive Director of Strategy and Operations; Dr. Ezekiel Oseni, Executive Director, Risk Management; and Ms. Yeside Kazeem, Independent Non-Executive Director.
Representatives from key financial institutions serving as Non-Executive Board Members of the company include Mr. Aminu Sadiq-Umar (MD, Nigeria Sovereign Investment Authority), Dr. Olasupo Olusi (MD/CEO, Bank of Industry), Mr. Uzoma Nwagba (MD, Nigeria Consumer Credit Corporation), and Mrs. Oluwakemi Owonubi (representative of the Ministry of Finance Incorporated).
VP Shettima Inaugurates NCGC Board, Says Firm Will Unlock MSME Financing In Nigeria
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