Wasiu Adegbite, an Information Technology expert, and owner of RONADE CONSULTING that writes, develops, and publishes different software applications for banking and other financial institutions has dragged TAJBank Limited, and a software development company, FINTRAK SOFTWARE before a Federal High Court in Lagos, over the controversy surrounding the ownership of the software application he produced for TAJBank.
In a statement of claim filed before the court by Barrister Olanrewaju Jolaoso of Prag Attorneys & Consultants, it was alleged that Adegbite (the Plaintiff) by virtue of two separate purchase orders dated 26 June 2019 and 22 July 2019 was engaged by TAJBank to write, design and implement an enterprise Suite Application for the bank.
The Plaintiff averred that further to the engagement by the bank he immediately undertook the following exercise:
- Over the succeeding four months wrote a series of software programs, combining front end programming language and database; PHP and Microsoft SQL Server database to create a unique source code, single Enterprise suite Software Application (albeit different modules).
- Reduced the single Enterprise Suite Software Application into writing, and stored it in an external hard drive.
To ensure a unique distinction of the Enterprise Suite Software Application from other common solution available, the Plaintiff ensured that he used PHP for his software application development to meet the bank’s needs.
He said that the single Enterprise Suite Software Application, essentially produces the result every enterprise suite application does, but his own solution is unique and it is a customized application developed for the bank being an Islamic Bank and which can also be altered and made adaptable for any other financial institution
The Plaintiff averred that upon conclusion of the development of the initial modules of his Enterprise Suite Software Application, he christened it Ronade Enterprise Resource Planning (“Ronade ERP”), to differentiate it from other Software applications he has developed.
He said further that software development and coding of programs to execute one or several commands is an intellectual skill that requires special expertise. Thus, he christened the Solution, Ronade ERP to depict its affiliation with his trading name, Ronade.
Adegbite averred that to ensure adequate protection of his solution, Ronade ERP, sometime in March, 2020, he applied for the registration of the copyright and also a trademark of the logo he had now designed for Ronade ERP.
Upon engagement delivery of the phase of deliverables to the bank he took the following steps in March, 2020:
- As the author of the literary, work, applied for the registration of the copyright for Ronade ERP.
- He designed a unique logo for Ronade ERP and filed it as a registered trademark.
Since 2019 till date Adegbite said he has independently (initially on a part-time basis and in 2020 on a full-time basis) carried on his business as a software developer and IT solutions expert without any form of interruption or disturbance from any quarters and has developed different solutions in this regard.
However, on 26 March, 2020, he received a letter from TAJBank dated 25th March, 2020, requesting him to furnish the bank with his reaction to claims contained in Fintrak Software company solicitor’s letter dated 3rd March, 2020.
The Plaintiff averred that upon a review of the letter, he was shocked, perplexed and confused about the allegations contained therein, in particular, the Fintrak Software company’s claim to Ronade ERP, and the misrepresentation that the Plaintiff stole Ronade ERP from the company, facts which Fintrak Software company knows to be untrue and calculated solely to discredit and deny the Plaintiff of future business opportunities.
The Plaintiff on 27th March, 2020 responded to the bank’s letter wherein he debunked all false representations made by the company and distinguished the nature and applicability of Ronade ERP from other software applications, particularly the fact that the company thrives on dot net and the plaintiff uses PHP and more importantly the fact the Ronade ERP was developed by the Plaintiff and members of staff employed at Ronade Consulting and not by the company.
He averred that after delivering his response to the letter dated 27th March, 2020, to the bank, he believed that his clarification had put the matter to rest and continued performing his obligations to the bank in line with the terms of the contract award letter.
Adegbite said from 27 March, 2020 till date, the officials of the bank have not been responsive to him, and other aspects of the engagement with the bank which should have been completed have been stalled because of the actions of the company and threat of a legal action by the company’s solicitors.
The Plaintiff further averred that all other contracts and engagements under discussion and consideration but yet to be finalized with the bank have also been stalled and are likely to be disapproved in spite of all efforts, expertise and resources expended to establish his competence.
He said the company is not only bitter about his resignation as well as that of other long serving officers but that it is is set to deploy every influence and means to frustrate, oppress and intimidate the Plaintiff, with the sole purpose of tarnishing the Plaintiff’s professional image, in order to rob the Plaintiff of business opportunities and in fact to monopolize the corporate market.
He said the company’s continuous actions especially the extreme derogatory and oppressive letters continuously written to third parties directly or through its solicitors, is adversely affecting its business, causing untold hardship and substantial loss of business opportunity with TAJBank Limited.
Whereof the Plaintiff claims against the Defendants jointly and severally as follows:
- Declaration that the Plaintiff is the rightful and legitimate owner of the complete suite of Banking Enterprise Software Application known and referred to as Ronade Enterprise Resource Planning with registered trademark Ronade ERP with registration number NG/TM/O/2020/171116 and Copyright Application Number: 269488 by virtue of the combined provision of Sections 1 (1) (a), 6, 12 and 51 of the Copyright Act, 2004.
- An order directing Fintrak company to pay the Plaintiff the sum of N200,000,000.00 (Two Hundred Million Naira) for passing off its Solution.
- An order directing Fintrak to pay the Plaintiff the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira) as damages for the deliberate libelous correspondences issued to third parties by the company and its Attorneys.
- Interest at the rate of 21% before Judgment and 10% after Judgment until all judgment debt is fully liquidated.
- The sum of N100,000,000.00 (One Hundred Million Naira) being general damages for the inconvenience, hardship, loss of business opportunity, loss of reputation caused to the Plaintiff by the actions of the company
- An order of Perpetual Injunction restraining the company, its Agents, Privies, Proprietors, Directors and howsoever described from passing off the Solution and or issuing any letter, correspondence, or any form of publication laying claim of ownership to either part or whole portion of the Solution.
- An order of Perpetual Injunction restraining the company, its Agents Privies, Proprietors, directors, and howsoever described from intimidating the Plaintiff and or laying claim to ownership of the Solution or any portion thereof.
- An order directing Taj Bank to honour all contracts entered with the Plaintiff and fulfill all or any obligation arising therefrom.
- An order directing the company to issue a written apology to the Plaintiff and to publish the written apology in two (2) National Dallies circulating in Nigeria within the jurisdiction of this honourable Court.
- The sum of N10,000,000.00 (Ten Million Naira) being the cost of this action.