Creating Motion Ex Parte Guide

Below is the Motion on Notice based on the provided Ex Parte Motion:
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IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE UMUAHIA JUDICIAL DIVISION
HOLDEN AT UMUAHIA
SUIT NO: BETWEEN:
SINE THETA INTERNATIONAL
…… PLAINTIFF
AND
*. CENTRAL BANK OF NIGERIA
*. NIGERIA INTER-BANK SETTLEMENT SYSTEM PLC
*. UNIFIED PAYMENTS SERVICES LIMITED
*. ACCESS BANK PLC.
*. CITIBANK NIGERIA LIMITED
*. ECOBANK NIGERIA LIMITED
*. FIDELITY BANK PLC.
*. FIRST BANK OF NIGERIA LIMITED
*. FIRST CITY MONUMENT BANK LIMITED
*. GUARANTY TRUST BANK LIMITED
*. STANBIC IBTC BANK PLC.
*. STANDARD CHARTERED BANK LIMITED
*. STERLING BANK PLC.
*. UNION BANK PLC.
*. UNITED BANK FOR AFRICA PLC.
*. WEMA BANK PLC.
*. ZENITH BANK PLC.
*. OPAY
*. MONIEPOINT
*. MTN
*. AIRTEL
*. GLO
*. 9MOBILE
*. MASTERCARD
*. VISA
*. VERVE
DEFENDANTS
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MOTION ON NOTICE
BROUGHT PURSUANT TO:
*. Orders * Rule *(G), Orders * Rules *(*),(*), Rule *(*), (*) & (*), Order * Rules *, *(*), (A), (B), (C) of the Federal High Court (Civil Procedure) Rules, *.
*. Section *, *, *, * of the Copyright Act.
*. Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO).
*. The World Intellectual Property Organization (WIPO) Copyright Treaty.
*. The WIPO Performances and Phonograms Treaty.
*. Part * Subsection *(*), Subsection *, Part VI Subsection *, *, * and Subsection *(*, 2A) of Banks and Other Financial Institution Act, *.
*. Part VII *(*) & (*) Startup Act *.
*. Section *, *, *, *, *, *, *, * of the Federal Competition and Consumer Protection Act, *.
*. POS Guidelines.
*. Approved Guidelines on Transaction Switching in Nigeria.
*. Regulatory Framework for Mobile Payments Services in Nigeria.
*. Regulatory Framework for Agent Banking Exposure Draft.
*. Regulatory Framework for Licensing Super-Agent in Nigeria.
*. Reviewed and Approved Guidelines on Operations of Electronic Payment Channels in Nigeria.
*. And under the inherent powers of this Honourable Court.
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PRAYERS AND RELIEFS SOUGHT
Wherefore, in light of the foregoing grievous transgressions and in the exalted pursuit of justice, the Plaintiff, Sine Theta International, doth most humbly and reverently petition this Most Honourable Court to grant the following orders:
*. A Temporary Restraining Order:
- Enjoin the first Defendant and her license holders from persisting in their unlawful acts—namely, the flagrant infringement of the Plaintiff’s sacrosanct intellectual property and the commission of financial malpractices that violate the regulations of the Central Bank of Nigeria.

*. An Immediate Interim Injunction:
- Restrain the Defendants, together with all third-party entities, inclusive of financial institutions and telecommunication companies, from exploiting the Plaintiff’s proprietary systems and business models without express and lawful consent.
- Restrain from imposing on customers transaction fees in direct contravention of the POS Guidelines promulgated by the CBN.
- Restrain from conducting unauthorized cash-in and cash-out transactions upon POS terminals.
- Restrain from operating as unregistered agents for financial institutions, in breach of the Agency Banking Guidelines.
*. A Temporary Injunction Compelling Cessation and Compliance:
- Cease all activities that infringe upon the Plaintiff’s copyright-protected systems and business models.
- Adhere scrupulously to all CBN regulations throughout the interim period.
*. An Interim Pecuniary Compensation Order:
- Defendants to deposit a sum representing the Plaintiff’s estimated financial and operational losses into the Court’s custodial fund, pending the final determination of this suit.
*. A Provisional Interlocutory Injunction:
- Restrain the first Defendant and her license holders from conducting any further cash-based transactions through POS terminals until the Motion on Notice is determined.
*. A Provisional Mandatory Order Regarding Agency Banking:
- No agent shall be permitted to operate outside the confines of a duly registered and sanctioned financial institution’s agency banking framework.
- Agents to be tethered irrevocably to the portals of such financial institutions to which they have pledged their service.
- The Central Bank of Nigeria to promulgate a cap upon the number of financial institutions with which an agent may be concurrently registered.
*. A Provisional Mandatory Order for Stamp Duty Enforcement:
- Defendants, particularly the Central Bank of Nigeria, to impose and collect all requisite stamp duties upon every transaction conducted via Point-of-Sale terminals.
*. A Provisional Mandatory Order for Community-Based Banking Adherence:
- Defendants to honour and support the distinct model of community banking, ensuring no fees for cash-in transactions and constrained cash-out fees.
*. A Provisional Mandatory Order for Monitoring and Compliance via Proprietary Software:
- All merchants possessing POS terminals to be compulsorily enrolled upon Billar, the Plaintiff’s Procurement and Sales Management Software.
*. A Provisional Interlocutory Injunction Mandating the Utilisation of the Plaintiff’s "Bank as a Service" Application:
- Central Bank of Nigeria and all its licensees to process all payments through Sine Theta International’s "Bank as a Service" application.
*. Preservation of the Status Quo:
- Restrain the Defendants from further infringing upon the Plaintiff’s proprietary systems and business models or engaging in any unlawful conduct that would inflict irreparable damage upon the Plaintiff’s commercial interests.
*. And for Such Further or Other Reliefs as This Most Honourable Court May Deem Just, Equitable, and Proper.
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FACTS AND GROUNDS FOR THIS MOTION
The Plaintiff, Sine Theta International, in due and proper capacity, doth aver that the first Defendant and her license holders hath undertaken actions most injurious and pernicious to the Plaintiff's operations, which include, but are not limited to:
*. Infringement of Copyright:
- The Plaintiff holds exclusive dominion over certain business models, systems, and proprietary mechanisms, which the Defendants hath replicated without lawful consent.
*. Constitutional Expropriation Prohibition:
- The Defendants’ actions flout Section *(*) of the constitution, which decrees no property may be expropriated without just compensation and due process of law.
*. Violation of Regulatory Mandates:
- Under Section * of the Central Bank of Nigeria Act, *, the Defendants’ actions stand in stark contradiction to upholding the sanctity of private enterprise.
*. Disruption of Corporate Social Responsibility (CSR):
- The Plaintiff’s philanthropic activities have been impeded due to the Defendants' actions, depriving vulnerable souls of necessary succor.
*. Impact on Business Operations and Employee Welfare:
- The Plaintiff’s financial solvency has been imperiled, impacting payroll obligations and thwarting recruitment efforts.
*. Inability to Maintain Active Corporate Status:
- The Plaintiff has defaulted in its obligations to pay CAC annual returns, threatening its active corporate status.
*. Threatened Partnership with Parkway Projects Ltd:
- The Plaintiff’s covenant with Parkway Projects Ltd is at risk of collapse, threatening financial injury and stymieing growth.
*. Obstruction of ICT Infrastructure Investment:
- The Plaintiff’s investment plans in ICT infrastructure have been disadvantaged by the Defendants' unlawful appropriation of extant ICT systems.
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CONCLUSION
The Plaintiff, Sine Theta International, humbly doth petition this Honourable Court to grant the prayers and reliefs sought, and to provide any further reliefs as this Most Honourable Court may deem just, equitable, and proper.
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DATED THIS ________ DAY OF ________ 20__
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Counsel for the Plaintiff
Sine Theta International