Court Reserves Ruling in Times Multimedia Suit Against Afreximbank Over CAX IP Dispute
By Andrew Orolua
The Federal High Court sitting in Lagos has reserved ruling in the intellectual property suit between Times Multimedia Ltd. and the African Export-Import Bank, Afreximbank, and others, following arguments on a preliminary objection challenging the court’s jurisdiction.
The matter came up on Thursday, July 2, 2026, before Honourable Justice Osiagor.
Times Multimedia Ltd., a Nigerian media and events company, is the originator and registered proprietor of “CAX” – the Creative Africa Exchange.
Court documents state that Times Multimedia conceived CAX in 2017/2018 as a continental trade and investment platform designed to finance, market, and monetize Africa’s creative and cultural industries. In 2018, the company formally presented the CAX concept, framework, and business model to Afreximbank for partnership and institutional backing.
Following engagements with Times Multimedia on the CAX proposal, Afreximbank in 2020 launched its own initiative known as the Creative Africa Nexus, CANEX. Times Multimedia alleges that CANEX substantially adopted the core concept, objectives, and structure of CAX without license, attribution, or contractual agreement, leading to the present suit for intellectual property infringement.
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Afreximbank and other defendants filed a Notice of Preliminary Objection, contending that the bank enjoys immunity from judicial proceedings in Nigeria under the _Afreximbank Establishment Agreement, 1993_, Section 9 of the _Diplomatic Immunities and Privileges Act_, Cap D1, LFN 2004, and the _African Export-Import Bank (Privileges and Immunities) Order, 2014_.
Afreximbank was established in October 1993 by African governments and investors to promote intra-African trade. Nigeria is a founding signatory. Article 50 of the Establishment Agreement provides that the Bank enjoys immunity from legal process except to the extent that it expressly waives such immunity.
Counsel to Times Multimedia Ltd. opposed the objection. Counsel argued that the immunity claimed by Afreximbank is not absolute, and that the same Establishment Agreement contains provisions contemplating circumstances where the bank may be sued or subjected to judicial proceedings, particularly in respect of commercial transactions.
The claimant’s legal team further urged the court to interpret the relevant instruments holistically and to avoid any construction that would unjustifiably deny an aggrieved Nigerian entity access to court in the absence of a clear and express exclusion of the court’s jurisdiction, as guaranteed under Section 6(6)(b) of the 1999 Constitution.
Counsel for both sides argued extensively for over one hour. At the end of proceedings, Justice Osiagor reserved the matter for ruling and adjourned the case to Monday, 29 September 2026.
The ruling will determine whether the suit can proceed against Afreximbank before the Federal High Court.
