Court Dismisses Sanlam’s Objection, Backs Olayiwola in N500m Copyright Suit

• Awards N100,000 penalty against insurer over “frivolous” application

Sunday Ehigiator

Justice Aluko of the Federal High Court, Lagos Division, 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 suit.

Delivering the ruling, Justice Aluko held the application by the insurer lacked merit, describing it as “frivolous” and an abuse of court process.

The court subsequently awarded a cost of N100,000 against Sanlam General Insurance Limited.

“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 dragged both Sanlam and the Lagos State Government before the court, alleging breach of copyright and misuse of confidential information, while seeking N500 million in damages jointly and severally.

Sanlam, in its preliminary objection, had urged the court to strike out the suit for “want of jurisdiction and lack of locus standi.” However, the court rejected the arguments, insisting that the issues raised by the plaintiff were substantive and deserved a full trial.

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

Proceedings further revealed the Lagos State Government, represented by the Attorney General’s office, failed to appear in court for the fifth consecutive time.

The absence has strengthened indications the state may be pursuing an out-of-court settlement, especially after previously acknowledging the alleged infringement.

Earlier communications from the state had indicated willingness to resolve the dispute amicably, with officials reportedly admitting to aspects of the plaintiff’s claims.

Reacting to the development, Olayiwola welcomed the ruling, saying: “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 founded in 1918.

Its Nigerian subsidiary has reported steady growth, including gross premium earnings of N16.1 billion and claims payouts of N3.9 billion in 2023.

The copyright infringement case with Olayiwola has attracted attention within legal and corporate circles, particularly over issues bordering on intellectual property rights and corporate accountability.

With the dismissal of the preliminary objection, the matter is now set to proceed to a full hearing, where the court will determine the substantive claims of copyright infringement and the reliefs sought by the plaintiff.