The Federal High Court in Lagos has urged parties in a N98.5 billion patent infringement lawsuit to explore an amicable settlement before the commencement of trial.
The court declined to open trial after noting that three of the defendants, Avanage Nigeria Limited, the Central Bank of Nigeria (CBN), and the Registrar of Patents and Designs were not represented. It directed that hearing notices be served on the absent parties and encouraged all sides to engage in genuine settlement discussions.
The plaintiffs, Enterprise Logistics Speciale Limited and its Managing Director, Samuel Kolajo, are seeking about N98.5 billion in damages over the alleged infringement of their patented cash management technology, breach of a Non-Disclosure Agreement (NDA), and losses resulting from the refusal to deploy their cash management solution on Nigeria’s national payment infrastructure.
At the proceedings, Tayo Oyetibo (SAN) appeared for the plaintiffs, while Olaoluwa Ale-Daniel represented Nigeria Inter-Bank Settlement System Plc (NIBSS). The CBN was not represented by counsel.
Oyetibo informed the court that the matter was scheduled for trial and that the plaintiffs’ witness was present and ready to testify. However, the court held that it would be inappropriate to proceed in the absence of legal representation for the three defendants.
The court reminded counsel of the provisions of the Federal High Court Act, which encourage amicable resolution of disputes, and urged the parties to make sincere efforts to resolve the matter out of court.
Counsel for NIBSS argued that the payment system operator functions strictly under the regulatory oversight of the CBN and lacks the authority to take unilateral decisions. He also maintained that NIBSS opposed any arrangement that would create a monopoly.
In reply, Oyetibo argued that the plaintiffs invested substantial resources in developing their patented technologies and were entitled to exclusive protection and commercial enjoyment of their intellectual property. He submitted that the innovations, if deployed, would significantly improve Nigeria’s cash management system and benefit the economy. Oyetibo told the court that the plaintiffs remained open to settlement negotiations
despite the disagreement.
The court directed the parties to engage in meaningful discussions with a view to resolving the dispute amicably. It adjourned the case until October 15 and 16, 2026, for trial if settlement efforts prove unsuccessful.
The case centres on innovative cash management technologies developed by the plaintiffs from 2011, including the Mobile Smart Deposit, Mobile Cash Sorting and Processing Device, PillarSalt Cash Supply Chain, Cash Recycling and Retail Cash Management Solution, and the PillarSalt Cash and Terminal Management System, all protected by three patents.
The plaintiffs alleged that the CBN introduced Guidelines for the Registration and Operation of Bank Neutral Cash Hubs (BNCH), which they claim replicate their patented processes without consent or compensation.
They are seeking declarations affirming their exclusive ownership, restraining orders, activation of their PillarSalt solution on the Nigeria Central Switch, nullification of the BNCH Guidelines, and substantial monetary damages.
NIBSS has denied the allegations, insisting it neither infringed the patents nor breached the NDA, and argued that granting exclusive rights would create an unlawful monopoly.
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