Federal High Court Puts Off Ruling on Afreximbank, Times Multimedia IP Case Until 2026

A Lagos Federal High Court has rescheduled its decision on a preliminary objection concerning its jurisdiction in an intellectual property lawsuit filed by Times Multimedia Ltd. against the African Export-Import Bank and other defendants. Justice Daniel Osiagor set September 29, 2026, as the new date for the ruling, following extensive arguments from legal representatives of all parties during proceedings that took place on Thursday, July 2, 2026.

The Nigerian media and events firm, Times Multimedia Ltd., initiated the legal action, asserting that its intellectual property rights for the Creative Africa Exchange (CAX) platform were infringed upon. CAX is described as a trade and investment hub designed to bolster Africa's creative and cultural sectors. Court documents indicate that Times Multimedia developed the CAX concept between 2017 and 2018, envisioning it as a pan-African avenue for funding, promoting, and generating revenue from the continent's creative industries.

Times Multimedia stated that it presented the CAX concept, including its business model and implementation strategy, to Afreximbank in 2018, seeking a strategic collaboration and institutional backing. The company further alleged that after Afreximbank sponsored the CAX programme in Kigali, Rwanda, in January 2019, the bank proceeded to introduce its own initiative, the Creative Africa Nexus (CANEX), in 2020. The claimant accused CANEX of largely replicating the core concept, goals, structure, and foundational framework of CAX without securing Times Multimedia's permission, providing due attribution, or establishing any formal contractual agreement, thus violating its intellectual property rights.

Afreximbank and the co-defendants, in their defence, filed a Notice of Preliminary Objection. This objection contests the legitimacy of the lawsuit itself and the court's authority to hear the case. The defendants asserted that Afreximbank is protected from legal proceedings in Nigeria, citing the Afreximbank Establishment Agreement of 1993, Section 9 of the Diplomatic Immunities and Privileges Act, Cap D1, Laws of the Federation of Nigeria 2004, and the African Export-Import Bank (Privileges and Immunities) Order, 2014. Their argument posits that Article 50 of the Afreximbank Establishment Agreement grants the bank immunity from legal action unless this immunity has been explicitly relinquished.

They further highlighted that Afreximbank, an international financial institution founded in October 1993 by African governments and investors to foster intra-African trade, counts Nigeria as a founding signatory nation. In opposition to this objection, the claimant's legal counsel contended that Afreximbank's asserted immunity is not absolute. The counsel argued that the Establishment Agreement itself acknowledges situations where the bank could be subject to legal action, especially concerning disputes stemming from commercial dealings.

Times Multimedia's representative additionally implored the court to interpret the pertinent legal documents comprehensively, cautioning against an interpretation that would unfairly prevent a Nigerian company from accessing justice. The counsel invoked Section 6(6)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), maintaining that the court's jurisdiction cannot be removed without a distinct and unambiguous statutory provision. After more than an hour of legal arguments from both sides, Justice Osiagor reserved his ruling on the preliminary objection. The case has now been adjourned to September 29, 2026, when the court is expected to deliver its decision.