PMS: Court picks Jan 18 for judgment in Contractor, Oyo govt. suits

An Oyo State High Court sitting in Ibadan has fixed January 18, 2021 for judgement in a suit filed by a contractor, Mr Olufemi Oniyide of Moxharley Nigeria Limited against the state government over alleged intellectual property theft with respect to the Park Management System (PMS) in the state.

Justice Munta Abimbola fixed the date for judgment  after parties adopted their written addresses and processes as their arguments in the matter.

Mega Icon Magazine reports that Mr. Olufemi Oniyide through his counsel, Olamiji Martins Esq, had earlier written the Oyo State Governor,  Engr. Seyi Makinde  

sometimes in February 2019 alleging that the Park Management System (PMS) currently in use by the state government was his idea which he submitted to the office of the Governor through his Chief of Staff, Chief Luqman Oyebisi Ilaka.

According to Oniyide , when the state government refused to look into the merit of his case, he took the matter to the Oyo State High Court sitting in Ibadan.

The matter with suit number I/421/2020 was filed on 14th May 2020 by Olamiji Martins Esq. and heard by Justice Munta Abimbola sitting in Court 1.

Oyo State Government, Attorney General of Oyo State, Chief Luqman Oyebisi Ilaka, Commissioner for Public Infrastructure and Transportation and Oyo State Board of Internal Revenue were sued as Defendants.

On the first day the matter came up in court, which was 21st May 2020, Justice Abimbola called the case ‘a novel matter’

On 10th August 2020, Oniyide’s lawyers, Olamiji Martins Esq. and Aborisade Adedayo Victor Esq. amended their Writ of Summons, Statement of Claim and Oniyide’s Oath. In the amended process, Oniyide through his lawyers alleged that the Oyo State government is liable under the Common Law Tort of Passing-Off, breach of contract and retroactive ratification under the law of agency having launched the unregistered proposal submitted by Oniyide as if it were that of Oyo State.

The Defendants were initially represented by the Director of Civil Litigation, Oyo State Ministry of Justice, Mrs. F. B. Segun-Olakojo Esq. who filed a memorandum of appearance on 3rd of June 2020.

However, Olakojo Esq. was replaced by another lawyer, Banjo Aiyenakin Esq. who is from Ondo State.

In open court, it was mentioned that Olakojo Esq was debriefed by the Attorney General of Oyo State, Prof. Oyelowo Oyewo SAN because the matter is a political matter. Aiyenakin Esq filed the Defendants’ Amended Joint Statement of Defence on 23rd September 2020.

On 23rd September 2020 Olamiji Martins Esq. opened the case for the Claimants and called Olufemi Oniyide who was the single witness.

Aiyenakin Esq. for the Defendants also called a single witness, Engineer Abayomi Oluwarotimi Atunbi, a Director at the Ministry of Public Works and Transports.

It was the case of the Claimants that the submission of the proposal to the Defendants constitutes an offer in law.

The launching of the same proposal constitutes an acceptance by conduct irrespective of the change in name.

He relied on the case recently won by the late Ibadan Billionaire, Chief Harry Akande against Shoprite Checkers Limited at the Court of Appeal, Lagos division.

Although , the Defense lawyer, Aiyenakin Esq argued that the Park Management System (PMS) was the idea of Governor Seyi Makinde, adding that the governor  brought the idea from Europe. He maintained that the governor had the Park Management System (PMS) in the pipeline when he was campaigning in 2019.

Meanwhile, Justice Munta Abimbola called back the parties on 2nd December 2020 and 16th December 2020 for further address on the issue of jurisdiction as raised by the Defendants. He asked counsel to the Claimants whether the Oyo State High Court has jurisdiction to entertain a matter bothering on Passing-Off.

In his arguments, counsel to the  claimants, Olamiji Martins Esq. responded by citing the Supreme Court case of Ayman Enterprises Limited v. Akuma Industries Limited to the effect that since Oniyide’s proposal as submitted to the Oyo State government wasn’t registered, a fact admitted under cross examination, passing-off right of action didnt arise from the infringement of any federal enactment and therefore the Federal High Court would not have jurisdiction to entertain the matter but Oyo State High Court.

Defendants’ lawyer, Aiyenakin argued that the Oyo State High Court doesn’t have jurisdiction to entertain the matter and placed heavy reliance on Section. 251(1)(f) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) adding that the Federal High Court is conferred with the jurisdiction to entertain matter related to copyright, patent, trademark and passing-off.

He, therefore urged the court to strike out the matter.

But, when asked to reply by Justice Abimbola, counsel to the  claimants, Martins Esq argued that the Constitution didnt suggest that an unregistered proposal is at the sole jurisdictional prerogative of the Federal High Court.