Court bars 22 banks from recognising Mastercard with National Identity smart card logo

Lukman Olabiyi

Justice Rilwan Aikawa of the Federal High Court in Lagos has granted an interim order restraining 22 banks from honouring any transaction with MasterCard or any MasterCard transaction bearing the logo of the National Identity Card Management Commission (NIMC). 

The ruled that the order subsists pending the determination of a design infringement suit filed by Chams Plc, and Chams Consortium Ltd against the Singaporean payment and financial technology company.

The judge made the order on November 9, following Chams Plc’s ex-parte application filed on August 28 through its counsel Kemi Pinheiro (SAN).

The ex-parte injunction also included an Anton Piller order.

An Anton Piller order provides the right to search premises and seize evidence without prior warning.

This is intended to prevent the destruction of relevant evidence, particularly in cases of alleged trademark, copyright or patent infringements.

Joined as defendants with MasterCard in the suit designated FHC/L/CS/1440/2019, are its Nigerian subsidiary Mastercard Services Sub-Sahara Ltd, and NIMC.

Other defendants are President and Chief Executive, Mastercard International, Ajay Banga; Country Representative of Mastercard in Nigeria, Omokehinde Ojomuyide; a member of staff of Mastercard, Daniel Monehin and 22 commercial banks.

The order states inter alia, “An order of interim injunction restraining the defendants, whether acting by themselves or by their directors, officers, servants, agents, technical managers, or otherwise however from further manufacturing, producing, designing and or printing or authorising the manufacturing, production, designing and or printing of any National Identity Card with MasterCard logo…pending the determination of the motion on notice filed for hearing.”