Nigerian Economist Sues EFCC Over Eagle Eye App

A Nigerian economist, Odilim Enwegbara has dragged the Economic and Financial Crimes Commission (EFCC) to court for claiming ownership of “Eagle Eye”, an online application for reporting crime.

Abdulrasheed Bawa, EFCC chairman had during the launch of the app in 2021 claimed it was conceived and created by the staff members of the commission.

He had said the initiative was a demonstration of his pledge to manage an agency that was technology-driven.

“With the app, those who hitherto were afraid to report corruption cases to the commission, either for fear of being identified by the culprits or having their identities revealed, can now do so with the assurance of full anonymity,” Bawa had said.

“With the Eagle Eye, Nigerians and non-Nigerians can easily take a picture of a property suspected to have been fraudulently or corruptly acquired and report through the app seamlessly.”

However, Enwegbara and his company, Pan Africa Development Corporate Company in a suit filed before the Federal High Court in Abuja said it had ownership of all rights over the app.

The Massachusetts Institute of Technology, MIT-trained management consultant and economist in an affidavit said the launch and usage by EFCC without his consent was an infringement of his proprietary rights.

“The 1st Plaintiff desirous of partnering with the Defendants in respect of the use of technology on 27th January, 2020 submitted a correspondence to the 2nd Defendant as the Executive Chairman of the 1st Defendant wherein the 1st Plaintiff introduced its invention Electronic Eagle-Eyed Portal System, sufficiently detailing all aspects of the said invention. The said correspondence submitted 27th January, 2020 shall be founded upon,” the affidavit swore before the commissioner of oath by Enwegbara read.

“The correspondence was promptly followed by another dated 11th February 2020 further elaborating on the nuances of the 1st Plaintiff’s Electronic Eagle-Eyed Portal System. The then Chairman upon receipt of the 1st Plaintiff’s proposal delegated an “EFCC Policy Team” to finalize all arrangements preparatory to a joint partnership between the Defendants and the 1st Plaintiff.

“Acting on behalf of the 1st Plaintiff, I was introduced to one Dr. (Ms.) Oju Enakeno, Special Advisor on Policy Matters through whom the Plaintiffs liaised with the 2nd Defendants. In the course of liaising, the then Chairman of the 2nd Defendant Mr Ibrahim Magu gave the Plaintiffs full assurance that the much desired partnership would be forged and not to disclose the invention to any other person or agency

“The Plaintiffs in correspondences dated 27th January, 2020 and 11th February 2020 was categorical that the documents relating to the E-EAGLE-EYED TECHNOLOGY be treated with utmost confidentiality and the information contained therein should not be used or disclosed to third parties without the consent of the Plaintiffs. On several occasions I reached out to the Defendants concerning the status of the implementation process but the staff of the Defendants informed the Plaintiffs that the full implementation had being hampered by the COVID-19 restrictions.

“With the departure of Mr Ibrahim Magu as Chairman of the 1st Defendant, the Plaintiffs contacted the acting Chairman, Mr. Mohammed Umar Abba who confirmed that steps were being taken by the Is Defendant to finalize the implementation of the partnership with the Plaintiffs. However, to the Plaintiffs’ utmost consternation, the 1st Defendant proceeded to unveil and commence use of the Plaintiffs’ Electronic Eagle-Eyed Portal System utilizing the Plaintiffs’ E-Whistleblower App as embodied in the Plaintiffs proposal. Daily Trust Online

Newspaper publication dated 14th July, 2021 shall be relied upon.

“The application launched by the Defendants was a reproduction of the technology submitted by the Plaintiff’s to the Defendants on 27th

January, 2020 and 11th February, 2020 which according to the Chairman of the 2nd Defendant had the ability to allow members of the public to whistleblow and regulates ease of reporting offinancial crimes. The launch of the application by the Defendants was enabled by the Defendants infringement of the Plaintiffs’ patent over the E- EAGLE-EYED TECHNOLOGY as well as an infringement of the copyright made available to the Defendants by the Plaintiff in correspondences dated 27th January, 2020 and 11th February, 2020.

“The Defendants’ unveiling of the Plaintiffs’ Electronic Eagle-Eyed Portal System without consent, acknowledgment or recourse to the Plaintiffs as rightful owners amounts to an infringement of the Plaintiffs’ intellectual property. The 1st Plaintiff on 29th September, 2021 wrote a correspondence to the Defendants’ through its solicitors, Dr. Onyechi Ikpeazu & Co. notifying the Defendants of their breach of the Plaintiffs’ intellectual property and inviting them for amicable settlement but the Defendants failed to respond to same till date.”

He added that the action of the EFCC and its chairman had caused him colossal and incalculable losses, accusing them of taken advantage of his invention and depriving him enormous anticipated revenue from potential foreign partnerships.

“That the Defendants by the unauthorized use of the Plaintiffs’ technology has boosted their revenue arising from the information obtained from whistleblowers using the Plaintiffs’ innovation. Newspaper publication showing increase in recovery sums by the Defendants aided by whistleblowers using the Eagle Eye platform will be relied upon. At the trial, the Plaintiffs shall rely on the following documents;. 1st Plaintiff’s Certificate ofIncorporation.

il. Plaintiffs’ correspondences to Defendants dated 27th January, 2020 and 11th February, 2020.

“Daily Trust Online Newspaper publication dated 14th July, 2021. iv. Certificate of Registration of Patent NG/P/2021/195 with certificate number 007933. Plaintiffs’ Solicitor’s letter dated 29th September, 2021. Newspaper publication showing increase in recovery sums by the defendants aided by use of whistleblowers.”

Enwegbara further asked the court to compel the defendants to pay him 1 trillion Naira as general damages against the infringement of the his proprietary rights and the resultant loss of income and revenue, N500 million for punitive damages against the Defendants for their infringement and authorised usage of E-EAGLE-EYED TECHNOLOGY.

The court document read further, “Whereof the Plaintiffs claims against the Defendants jointly and severally as follows; a. A DECLARATION that the 2ndPlaintiff is the beneficial owner of

all rights over Electronic Eagle Eyed Technology, to the exclusion of all others, and can only be used with the consent of the Ind Plaintifffirst sought and obtained.

“b. A DECLARATION that the Defendants’ use of EAGLE-EYE is an infringement of the Plaintiffs’ proprietary rights in E-Eagle Eyed Technology the Defendants having used same without the consent of the Plaintiffs’ first sought and obtained.

“c. FOR AN ORDER compelling the Defendants to pay to the Plaintiffs the sum of N1,000,000,000,000.00 (One Trillion Naira) as general damages against the Defendants for the infringement of the Plaintiffs’ proprietary rights over E-EAGLE-EYED TECHNOLOGY and the resultant loss of income and revenue from the infringement of said patent.

“d. FOR AN ORDER restraining the Defendants, their agents, officers, workers, servants, privies, from using, continuing to use, usurping or in any other manner howsoever, infringing on the Plaintiffs’ invention known a s E-EAGLE-EYED TECHNOLOGY.

“e. The sum of N500,000,000.00 (Five Hundred Million Naira) as punitive damages against the Defendant for their infringement and unauthorized usage of the Plaintiff’s E-EAGLE-EYED TECHNOLOGY.

“f. The sum of N100,000,000.00 (One Hundred Million Naira) as the cost of this suit.”