Court awards N17.3bn damages against INEC
(Nigeria) A Federal High Court in Abuja on Tuesday awarded
N17.3 billion damages to a private company, Bedding Holdings Ltd, BHL, against
Independent National Electoral Commission, INEC.
Justice Ibrahim Auta, in the judgment held that INEC and its
Chairman, Prof. Attahiru Jega, infringed on the patent rights of BHL in the contract
purchase of DDC machines in 2010.
He ordered INEC to pay the company the sum which is 50 per
cent of the value of the contract awarded by INEC.
``From the evidence before this court, it is clear that the
plaintiff actually owned a subsisting patent right over the process,
application and the use of DDC machines for voters' registration. Section 6 of
the nation's Patent and Design Act preclude anybody from using a patented
invention without the consent of the inventor.
``So, INEC should always play by the rule so that its
conduct does not affect the outcome of elections,’’ Auta said.
The judge agreed with the argument and evidence of the
counsel to the plaintiff, Mr John Okoriko, before the court that the plaintiff
was the sole owner of the patent right.
He held that the company’s right was infringed by the
conduct of the defendants, except the Attorney- General of the Federation, AGF,
who was not a party to the transaction.
Auta said that although AGF was not a party to the
transaction but as the nation's chief law officer, the AGF was relevant in the
execution of orders made against the government or its agents.
``From the preponderance of evidence before the court, the
plaintiff and its Chairman, Chief Sylvester Odigie, do not appear as people,
who wish to reap where they did not sow. The country's president, in 1997,
awarded Odigie Nigeria's highest order of honour and dignity for productivity,’’
the judge said.
He also said that the BHL chairman received an order of
merit for his remarkable contribution to national development as the most
productive individual.
Earlier, Okoriko had argued that INEC and its chairman
infringed the patent right of his client.
``The INEC and its chairman infringed on my client’s patent
right on the process and application of DDC machines for the compilation and
collection of various bio-data. They awarded the contracts for the purchase and
deployment of the DDC machines for the compilation of the voters register
without the consent of BHL.
``By so doing, INEC and its chairman are liable,” he said.
However, Mr Abubakar Mahmoud, SAN, counsel to INEC and its
chairman, had queried the legitimacy of the plaintiff’s claim to a patented
right over a process that existed before the purported patent was granted.
He urged the court to dismiss BHL’s claim.
INEC had in 2010 awarded a contract of N34.5 billion to Haier Electrical Appliances
Corporation Limited, Zinox Technologies Ltd and Avante International
Technology.
When he was contacted to comment, the Chief Press Secretary
to INEC Chairman, Mr Kayode Idowu, said
he was not aware of the development.
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