The prayer is contained in an originating summons filed by a firm, Bedding Holdings Limited (BHL), contesting the alleged unlawful use of its patented ballot boxes for the elections.
The plaintiff contends that by virtue of orders six and seven contained in an earlier judgment by the court, declaring it the sole patentee of transparent and collapsible ballot boxes in the country, the use of such boxes without its consent renders the purpose for which the boxes were used a nullity.
The judgment was delivered on June 5, 2012 by Justice Adamu Bello in a suit marked: FHC/ABJ/CS/82/2011 between BHL, Registrar of Patents, Federal Ministry of Commerce and Industry and six others.
Order six of the judgment reads in part: “Any action or actions whatsoever and howsoever taken or purported to have been taken by the defendants relating to the said products without the prior and express license, consent, authority and/or approval of the plaintiff is unconstitutional, illegal, unlawful and is therefore null and void.”
Order seven restrained the Registrar of Patents and its agents from registering or issuing the plaintiff’s valid and subsisting patent over the ballot boxes to any person or organistion, except with the consent of BHL.
The plaintiff further contends that the Independent National Electoral Commission (INEC) was a party in the suit on which judgment was given, and that despite being aware of the court’s orders, deployed the same ballot boxes for use at the PDP convention without its (BHL’s) consent, thereby disobeying the judgment.
BHL raised two questions for the court’s determination and sought three reliefs in the suit marked: FHC/ABJ/CS/655/2013.
Named as respondents include President, Goodluck Jonathan, Vice President, Namadi Sambo, Senate President, David Mark, House of Representatives Speaker, Aminu Tambuwal and Chairman, PDP Board of Trustees, Anthony Anenih, including the PDP National Chairman, Bamanga Tukur, and Professor Jerry Gana (who acted as the Chairman, PDP’ special convention committee) and Ken Nnamani (who was the Chairman, PDP’s electoral committee).
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