The Workplace of the Attorney General of the Federation (AGF) has stated it could, by October 2025, resolve on the pending copyright infringement legal cost instituted in opposition to MTN Nigeria Communications Restricted and its CEO, Karl Toriola, by the Nigerian Copyright Fee (NCC).
The AGF counsel, Aderonke Imana, Esq, made this recognized to Justice Mohammed Umar of the Federal Excessive Court docket, Abuja, after the matter was referred to as.
Nairametrics beforehand reported that the Federal Excessive Court docket, Abuja, had on July 8, 2024, allowed the AGF to take over and evaluation the alleged copyright infringement case in opposition to MTN Nigeria Communications Restricted and its CEO, Karl Toriola, primarily based on a petition from the latter.
Nairametrics additionally reported that MTN Nigeria Communications Restricted had requested the court docket to strike out the case instituted in opposition to it by the NCC, alleging it was faulty.
The case, marked FHC/ABJ/CR/111/2024, was filed by the NCC in opposition to MTN Nigeria Communications Restricted; Karl Toriola, CEO of MTN Nigeria; Nkeakam Abhulimen; Enjoyable Cell Restricted; and Yahaya Maibe.
The case has been adjourned a number of instances following the non-appearance of the MTN CEO and others, who have been scheduled to be arraigned and take their plea.
Authorized Disputes
The NCC had alleged that MTN and others used a number of soundtracks as caller ringback tones with out the consent or authorization of the unique homeowners.
A employees member of the NCC, Samuel Y. Udowo, additionally deposed earlier than the court docket that the Fee investigated a grievance of legal copyright infringement in opposition to the defendants.
The grievance, based on the employees, arose from the usage of musical works/sound recordings of Maleke Idowu Moye as caller ringback tunes with out his consent and authorization.
He added that the investigation revealed the defendants had dedicated copyright offenses, warranting penalties.
MTN’s lawyer, Obafemi Ogaba, filed a movement asking the court docket to say no jurisdiction over the matter.
Whereas the NCC case was pending, Jackson, Etti & Edu, appearing as solicitors to MTN Nigeria Communications Plc, Karl Toriola, and one other get together, petitioned the AGF.
They urged the AGF to take over the case from the NCC, citing makes an attempt by Maleke Idowu Moye and the Fee to “embarrass” the CEO, harm MTN’s repute, and destabilize the corporate’s enterprise, together with its share value.
The solicitors urged the AGF to look at the NCC’s case to “stop abuse of authorized course of.”
In a letter to the court docket dated June 19, 2024, the Director of Public Prosecutions of the Federation, OAGF, acknowledged:
“After cautious consideration of the petition and in keeping with Part 174(1)(b) of the Structure of the Federal Republic of Nigeria 1999 (as amended), the Honourable Lawyer-Normal of the Federation and Minister of Justice has taken over the prosecution of CHARGE NO: FHC/ABJ/CR/111/2024 BETWEEN NIGERIAN COPYRIGHT COMMISSION V. MTN NIGERIA COMMUNICATIONS, KARL OLUKOTUN TORIOLA, NKEAKAM ABHULIMEN, FUN MOBILE LIMITED, YAHAYA MAIBE from the Nigerian Copyright Fee.”
At earlier proceedings, Aderonke Imana, Esq., counsel for the AGF, knowledgeable Justice Inyang Ekwo that though the matter was slated for plea, she had directions from the Attorney General of the Federation to take over the matter pursuant to his constitutional powers.
The decide, upon the AGF counsel’s request, adjourned the case for plea.
What transpired in court docket
- On the resumed court docket session on Wednesday, Imana informed Justice Umar that though the AGF took over from the NCC, the nominal complainant had submitted a petition prompting an additional evaluation of the matter.
- She added that the “OAGF, being an equal alternative workplace, is awaiting a call from the AGF” and she or he was directed to apologize to the court docket and search an additional adjournment as a result of exigencies of the AGF’s workplace.
- She requested one other date to speak the AGF’s resolution on the matter.
- Responding, Ogaba stated his purchasers are optimistic that the AGF will quickly resolve on the legal cost.
“We do admire the purpose that my discovered pal has made and we hope that the choice (of the AGF) might be made quickly in order that the legal fees hanging over these individuals might be over,” Ogaba added.
After listening to from the legal professionals, the decide adjourned the case to October 22, 2025, for a report.
It’s now throughout the purview of the AGF to both proceed the case or discontinue the legal fees in opposition to MTN and others.
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