A Federal High Court in Lagos has advised parties involved in a ₦98.5 billion patent infringement case — Enterprise Logistics Speciale Limited, the Central Bank of Nigeria, Nigeria Inter-Bank Settlement System Plc and Avanage Nigeria Limited — to explore an amicable resolution.
Justice Deinde Dipeolu gave the recommendation after declining to begin trial because some defendants were not represented in court.
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 losses allegedly suffered due to the non-deployment of their solution on Nigeria’s national payment infrastructure.
Court encourages settlement
During the hearing, Tayo Oyetibo appeared for the plaintiffs, while Olaoluwa Ale-Daniel represented NIBSS.
The CBN, Avanage Nigeria Limited and the Registrar of Patents and Designs were absent.
Oyetibo informed the court that the plaintiffs were ready for trial and had a witness available to testify. However, Justice Dipeolu ruled that hearing notices must first be served on the absent defendants to ensure fairness.
He also reminded parties that the Federal High Court Act empowers courts to encourage negotiated settlements and directed them to make genuine efforts to resolve the dispute out of court.
Arguments from both sides
NIBSS’s counsel argued that the payment system operator works under the regulatory supervision of the CBN and cannot act independently. He added that NIBSS opposed any arrangement that could create a monopoly in the payment system.
Oyetibo countered that the plaintiffs invested significantly in developing patented inventions and are entitled to the exclusive benefits of those innovations. He said the plaintiffs remain open to settlement discussions.
Technologies at the centre of the dispute
In their amended claim, the plaintiffs said they developed several cash-management technologies beginning in 2011 to modernise Nigeria’s cash handling system and reduce reliance on physical cash.
The inventions listed include:
- Mobile Smart Deposit
- Mobile Cash Sorting and Processing Device
- PillarSalt Cash Supply Chain
- Cash Recycling and Retail Cash Management Solution
- PillarSalt Cash and Terminal Management System
They stated that the technologies are protected by three patent certificates issued under the Patents and Designs Act.
Alleged infringement
The plaintiffs claim that after sharing details of their innovations with the defendants, the CBN introduced guidelines for Bank Neutral Cash Hubs that allegedly replicated key aspects of their patented processes without permission or compensation.
They are asking the court to:
- Declare them the exclusive owners of the patented technologies.
- Restrict the defendants from using the technologies without written consent.
- Compel NIBSS to activate the PillarSalt Cash Management Solution on the Nigeria Central Switch within 30 days.
- Set aside the CBN’s Bank Neutral Cash Hubs guidelines.
Claims and defence
The monetary claims include:
- ₦500 million general damages for alleged patent infringement.
- ₦200 million against NIBSS for alleged breach of a 2015 Non-Disclosure Agreement.
- ₦97.8 billion for alleged losses arising from NIBSS’s refusal to integrate the PillarSalt solution since December 2016.
In its defence, NIBSS denied infringing any patent or breaching the agreement. It argued that granting the plaintiffs exclusive access to the national payment infrastructure would amount to an unlawful restraint of trade and create a monopoly.
Next hearing
Justice Dipeolu adjourned the case to October 15 and 16, 2026 for trial if settlement negotiations fail.