₦98.5 Billion Dispute: Court Asks CBN, NIBSS To Explore Settlement

A Federal High Court sitting in Lagos has urged parties in a ₦98.5 billion patent infringement suit involving Enterprise Logistics Speciale Limited, the Central Bank of Nigeria (CBN), Nigeria Inter-Bank Settlement System Plc (NIBSS) and Avanage Nigeria Limited to explore an amicable settlement.

Justice Deinde Dipeolu gave the directive after declining to commence trial due to the absence of counsel for some of the defendants.

The plaintiffs, Enterprise Logistics Speciale Limited and its Managing Director, Samuel Kolajo, are seeking damages over alleged infringement of their patented cash management technology, breach of a Non-Disclosure Agreement and alleged losses arising from the refusal to deploy their solution on Nigeria’s national payment infrastructure.

At the proceedings, Tayo Oyetibo (SAN) appeared for the plaintiffs, alongside Jessica Adeola-Ajayi and Esther Bawa, while Olaoluwa Ale-Daniel represented NIBSS.

The Central Bank of Nigeria, Avanage Nigeria Limited and the Registrar of Patents and Designs were not represented.

Oyetibo informed the court that the matter was fixed for trial and that the plaintiffs’ witness was present and ready to testify.

However, Justice Dipeolu held that hearing notices should first be issued and served on the absent defendants in the interest of justice.

The judge also drew the attention of parties to provisions of the Federal High Court Act empowering courts to encourage amicable resolution of disputes.

He subsequently directed the parties to meet and make genuine efforts to resolve the matter out of court.

Counsel to NIBSS said the payment system operator functions under the regulatory oversight of the CBN and could not take unilateral decisions.

He argued that NIBSS was opposed to creating a monopoly, which he suggested was central to the dispute.

Oyetibo, however, maintained that the plaintiffs invested heavily in developing patented inventions which the defendants allegedly sought to infringe.

He said the disputed innovations belonged to the second plaintiff and that the law entitled him to exclusive enjoyment of the inventions.

The senior advocate added that the plaintiffs remained willing to negotiate a settlement.

In their amended statement of claim, the plaintiffs alleged that they developed several cash management technologies from 2011 to modernise Nigeria’s cash handling system and reduce the movement of physical cash in the banking sector.

They listed the inventions as Mobile Smart Deposit, Mobile Cash Sorting and Processing Device, PillarSalt Cash Supply Chain, Cash Recycling and Retail Cash Management Solution, and PillarSalt Cash and Terminal Management System.

They said the technologies were protected by three patent certificates issued under the Patents and Designs Act.

The plaintiffs alleged that after sharing details of their innovations with the defendants, the CBN introduced guidelines for the registration and operation of Bank Neutral Cash Hubs, which they claimed substantially replicated their patented processes without consent or compensation.

They are asking the court to declare them exclusive owners of the patented technologies and restrain the defendants from using them without written consent.

They also want the court to compel NIBSS to activate their PillarSalt Cash Management Solution on the Nigeria Central Switch within 30 days and nullify the CBN’s Bank Neutral Cash Hubs guidelines.

The monetary claims include ₦500m as general damages for alleged patent infringement against the first and second defendants, ₦200m against NIBSS for alleged breach of a 2015 Non-Disclosure Agreement and ₦97.8bn for alleged losses arising from NIBSS’s refusal to integrate the PillarSalt solution since December 2016.

NIBSS, in its amended defence, denied infringing any patent or breaching the Non-Disclosure Agreement.

It argued that the plaintiffs sought exclusive rights that would prevent other operators with similar solutions from accessing the national payment infrastructure, which it said would amount to an unlawful restraint of trade and create a monopoly.

Justice Dipeolu adjourned the matter until October 15 and 16, 2026, for trial if settlement talks fail.