There are plenty of Metroid games.

This guy is some asshole profiting off of design theft.

There is no design theft.  Even by absurd "corporate IP regime indoctrination" lies which conflates "IP rights violation" with "theft".
(hint: theft removes the original item from owner's possession, IP violation does not, it merely violates state-enabled IP monopoly)
Nintendo makes it available on Wii U, and doesn't sue over the other platforms it's available on.  
They don't see any theft.  You're inventing crimes above and beyond actual reality.
Are you the Taleban of Nintendo IP enforcers, pursuing crusades above and beyond what Nintendo themself care about?
Maybe you should assassinate Nintendo's CEO for straying from the true path by allowing such sacrilege on Wii U?  
After all, if it really is "theft", then Nintendo played a part in making it available on Wii U platform.  Stoning?  Beheading? 

I'm sure Nintendo will get back to them in a bit and allow it in their Eshop. Its just at the moment, particularly for a new system with a limited library (so more consumers looking at fewer games), there are probably loads of Indie devs pestering Nintendo to let them put their stuff on the Switch eshop. After all, look how well things like Shovel Knight and the Neo Geo games are doing on the Eshop (better than you'd probably expect).

At this moment in time its obvious Nintendo is being fairly careful/cautious about not letting a flood of INdie's in at once. They seem to be pacing them out. Except for vroom broomstick game or whatever, I think a Nintendo exec must have owed a friend a favor with that one 

 pretty much this, if nintendo is idiot to push indies away just stop supporting them, maybe when the only thing left for them is their 1st parties games they'll change, tbh i even doubt japanese nintendo has anything to do with it, just looks like noa being noa.

There are probably thousands of games from indies that Nintendo has to go through. Even in the hundreds, that's still a lot to go through in such a short amount of time with a new console, especially since the console is only almost two months old. Personally, I don't think they can just go, "Here you go indies, just release away" at the eshop. It will oversaturate the eshop and sales potential could go down. Plus, I don't know if the curation process is that simple as we may say it is. As they say, easier said than done.

And all this thing about Nintendo pushing indies away, its hard to say since I don't know how they personally went through the process. I mean, I could go by their word on it, but as we have seen from releases like Snake Pass, Shovel Knight, Neo Geo, etc., it'll vary in experience. And as such as expecting dev kits to be free, is it standard to do such thing? There's a lot of mixed messaging from both indies and Nintendo so I remain neutral here.

Now, there are reaches, and then there is this comment.

Taking an idea and improving on it is a literaly definition of innovation.