Court dismisses copyright infringement suit against FG

The Abuja Division of the Federal High Court has dismissed a suit filed by Pan African Development Corporate Company Ltd. against the federal government to demand N2 trillion in damages over alleged copyright infringement.
Justice Inyang Ekwo, in a ruling, dismissed the suit on the ground that the suit was statute-barred.
Mr Ekwo held that the suit was instituted after the period allowed by the Public Officers Protection Act (POPA), 2004, had lapsed.
“The yardsticks to determine whether an action is statute-barred are the date when the cause of action accrued, the date of commencement of the suit as indicated in the writ of summons and the period of time prescribed to bringing an action to be ascertained from the statute in question,” he said.
The judge said he found that the cause of action in the case accrued on June 22, 2021, when the plaintiffs claimed that they found out that former President Muhammadu Buhari had inaugurated a steering committee on poverty reduction by establishing a private equity fund.
“However, the plaintiffs waited till April 19, 2023, before commencing this action. This means that this action was not commenced within three months stipulated by law. As the saying goes, equity protects and aids the vigilant and does not aid the indolent or layabout,” he said.
According to the judge, it is a basic principle of law that limitation Law or Act removes the right of action, the right of enforcement and the right to judicial relief and leaves the plaintiff with a bare and empty cause of action, which he cannot enforce.
He stressed that where the law provides for bringing an action within a prescribed period with respect to a cause of action, it must be brought within that time frame.
He said, “Proceeding shall not be brought after the time prescribed by such statute. As it is, I find that the right of action of the plaintiffs has been extinguished by virtue of the statute bar in Section 2 (a) of the POPA, 2004 and I so hold.”
Citing previous Supreme Court decision, the judge said, “Where a preliminary objection succeeds, there will be no need to go further to consider arguments in support of other issue or issues for determination. This matter therefore ends here. I have already found that this matter is statute-barred.
“I therefore make an order dismissing this action for being initiated outside the time prescribed by law. This is the Order of this court.”
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

States
School Abduction: Oyo Assembly backs Gov Makinde’s call for international investigation
The lawmaker cautioned the public and the Nigerian Senate against misinterpreting the purpose of the state governor’s call for an international investigation.

Politics
Tuggar group rejects Bauchi APC governorship candidate Mohammed Abubakar
He dismissed Mr Abubakar’s declaration as a governorship candidate, alleging that there were no governorship primaries in the state.

Hot news Home top
Oyarzabal, Porro score as Spain beat France to reach World Cup final
Spain will face the winner of the second semi-final match between England and Argentina on Sunday.

Economy
PenCom cuts pension approvals to 48 hours, recovers N36 billion arrears
She said the 48-hour approval timeline had become a mandatory service standard binding on all PFAs.

Heading 5
Freed Oyo pupils, teachers reunite with families
The pupils and teachers reunited with their families on Tuesday.

NationWide
DHQ engages military veterans on welfare, national service
He said the welfare of retired personnel remained one of the top priorities of the DHQ under the current leadership.





