The Nigerian Copyright Commission (NCC) has filed criminal charges against MTN Nigeria Communications Ltd. and four others over alleged copyright infringement. The charge with number FHC/ABJ/CR/111/2024 filed in the Abuja Division of the Federal High Court was obtained by journalists on Monday. The other four defendants in the case are Karl Toriola, the chief executive officer of MTN Nigeria; Nkeakam Abhulimen, Fun Mobile Ltd.; and Yahaya Maibe.
In the three-count charge, NCC alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business’’, infringed the musical works of an artiste, Maleke Idowu Moye, without his consent and authorization.
The commission alleged that the defendants used musical works and sound recordings of Mr. Maleke with subsisting copyright as caller ringback tunes without the authorization of the artiste. The musician’s musical works and sound recordings allegedly infringed upon included 911, Minimini-wanawana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.
The defendants were also alleged to have distributed the musical works to their subscribers without authorization, thereby infringing on the rights of the artiste. In the third count, the defendants were alleged to have the artiste's musical works and sound recordings in their possession, other than for their private or domestic use.
According to NCC, the alleged offenses are contrary to and punishable under section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Although the case is yet to be assigned to any judge, and no date has been fixed for the mention.
