Court Reserves Ruling in Times Multimedia, Afreximbank IP Dispute Over CAX, CANEX

July 05, () — The Federal High Court in Lagos has reserved ruling until September 29, 2026, on a preliminary objection filed by the African Export-Import Bank (Afreximbank) challenging the court’s jurisdiction to hear an intellectual property infringement suit brought by Times Multimedia Ltd. over the alleged unauthorised use of its Creative Africa Exchange (CAX) concept.

The matter came up on Thursday before Justice Osiagor, who adjourned proceedings after hearing more than an hour of legal arguments from counsel representing both parties on whether Afreximbank enjoys immunity from judicial proceedings in Nigeria.

At the centre of the dispute is Times Multimedia Ltd.’s claim that it is the originator and registered proprietor of Creative Africa Exchange (CAX), a continental trade and investment platform conceived in 2017/2018 to finance, market, and commercialise Africa’s creative and cultural industries.

According to court documents, the Nigerian media and events company formally presented the CAX concept, framework, and business model to Afreximbank in 2018 in pursuit of a strategic partnership and institutional support for the initiative.

The claimant further contends that after sponsoring its participation at a CAX programme held in Kigali, Rwanda, in 2019, Afreximbank subsequently launched its own initiative, Creative Africa Nexus (CANEX), in 2020.

Times Multimedia alleges that CANEX substantially adopted the core concept, objectives, and operational structure of CAX without obtaining a licence, attribution, or entering into any contractual agreement with the company.

The alleged appropriation forms the basis of the intellectual property infringement suit now before the Federal High Court.

However, Afreximbank and the other defendants have challenged the competence of the action through a Notice of Preliminary Objection, arguing that the bank is immune from legal proceedings under international agreements and Nigerian law.

The defendants relied on the Afreximbank Establishment Agreement, 1993, Section 9 of the Diplomatic Immunities and Privileges Act, Cap D1, Laws of the Federation of Nigeria 2004, as well as the African Export-Import Bank (Privileges and Immunities) Order, 2014.

They argued that Afreximbank, established in October 1993 by African governments and investors to promote intra-African trade, enjoys immunity from judicial process by virtue of Article 50 of its Establishment Agreement, except where such immunity has been expressly waived.

Opposing the objection, counsel for Times Multimedia maintained that the immunity claimed by the bank is not absolute.

The claimant argued that the Establishment Agreement itself envisages circumstances under which Afreximbank may be subjected to judicial proceedings, particularly where disputes arise from commercial transactions.

The claimant’s legal team further urged the court to adopt a holistic interpretation of the relevant legal instruments, arguing that denying a Nigerian company access to the courts without a clear and express exclusion of jurisdiction would be inconsistent with Section 6(6)(b) of the 1999 Constitution, which guarantees access to judicial remedies.

Following the submissions, Justice Osiagor reserved ruling on the preliminary objection and adjourned the matter until Monday, September 29, 2026.

The ruling is expected to determine whether the Federal High Court has jurisdiction to entertain the substantive intellectual property claims against Afreximbank.