Court awards N17.3bn damages against INEC

INEC Chairman, Prof. Attahiru Jega

An Abuja Federal High Court on Tuesday ordered the Independent National Electoral Commission to pay N17.3bn as damages to a local manufacturer, Beddings Holdings Limited, over the N34.5bn contract the commission awarded in 2010 for the purchase of the Direct Data Capturing machines used for the voter registration exercise.

The N17.3bn is 50 per cent of the total sum of the contract, which INEC awarded to three firms – Haier Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Technology Incorporated.

The court, presided over by Justice Ibrahim Auta, ordered the payment while delivering judgment in a suit brought by the Beddings Holdings Limited against INEC, its chairman Prof. Attahiru Jega, the Attorney-General of the Federation and Minister of Justice, and the three firms that benefited from the N34.5bn DDC machines procurement contract.

Justice Auta held that INEC was aware that the plaintiff, BHL, had a valid and subsisting patent right over the DDC machines but went ahead to award a contract for the purchase of the equipment without first seeking, and obtaining the permission of the right holder (BHL).

In the suit filed by its lawyer, Mr. John Okoriko, BHL had accused INEC and Jega of infringing on its  patent right by awarding contracts for the purchase and deployment of the DDC machines for the compilation of the voters register without its consent.

In his judgment, Justice Auta held that the country’s Patent and Design Act outlawed the use of a patented invention without the consent of the patent holder.

The judge stressed that INEC, and other agencies of the government, are not above the law.

He said, “INEC, like every other government agency has the responsibility of obeying the law of the land.

The judge ordered INEC and the other defendants to, henceforth, obtain the consent of the plaintiff before procuring and utilizing the DDC machines for any purpose.

Source ( Punch Newspaper)