Court throws out Sanlam’s objection, clears way for Olayiwola’s N500m copyright case against Lagos

The Federal High Court in Lagos has dismissed a preliminary objection filed by Sanlam General Insurance Limited in Suit No: FHC/L/CS/451/2024, ruling in favour of Inyang Rotimi Olayiwola in his N500 million copyright infringement action.

In a ruling delivered by Justice Aluko, the court held that the insurer’s application lacked merit, describing it as “frivolous” and an abuse of court process, while awarding N100,000 in costs against the company.

“The plaintiff has the requisite locus standi to institute this action, and the statement of claim discloses a reasonable cause of action against the defendants,” the judge ruled.

Olayiwola had instituted the suit against both Sanlam and the Lagos State Government, alleging copyright infringement and misuse of confidential information, and seeking N500 million in damages jointly and severally.

Sanlam had urged the court to strike out the case on grounds of “want of jurisdiction and lack of locus standi,” but the court rejected the arguments, maintaining that the claims raised by the plaintiff were substantive and required full judicial determination.

In a strongly worded remark, Justice Aluko stated: “This application is frivolous and constitutes a waste of the court’s time,” before awarding costs against the insurer.

Court proceedings also highlighted the continued absence of the Lagos State Government, represented by the Attorney General’s office, which has now failed to appear for the fifth consecutive sitting. The repeated absence has fuelled speculation that the state may be exploring an out-of-court resolution, particularly following earlier indications acknowledging aspects of the plaintiff’s claims.

Providing additional context, Olayiwola recalled conflicting positions within the state government over the matter.

“You will remember that the Deputy Governor of Lagos State denied my claims against the state regardless of him confirming and knowing the truth from his predecessors. On the contrary, six months after his unfortunate denial, the Attorney General of the state confirmed and acknowledged my claims in writing against the state. The Attorney General wrote and I quote ‘ after a thorough investigation, it was realized that the matter has been a subject of litigation and parties have been referred to Multi door Court House, and a terms of settlement has been reached…’ The reason why the Attorney General lacks the courage to be present for the entire court proceedings so far.”

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Reacting to the court’s decision, Olayiwola welcomed the development, describing it as validation of his case.

“This decision is a testament to the strength of my case and my resolve to seek justice. I will be providing a detailed report of this development to well-wishers and members of the press in due course.”

Sanlam Life Insurance, the parent company of Sanlam General Insurance Limited, is a longstanding financial services group established in 1918, with its Nigerian subsidiary reporting continued growth in recent years, including gross premium earnings of N16.1 billion and claims payouts of N3.9 billion in 2023.

The case, which has drawn attention within legal and corporate circles, raises key issues around intellectual property rights and corporate accountability. With the dismissal of the preliminary objection, the suit will now proceed to full hearing, where the court is expected to determine the substantive claims and reliefs sought by the plaintiff.

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