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)
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