Copyright Infringement: Musician alleges injustice as AGF takes over MTN’s trial

A musician, Maleke Moye, has alleged injustice in the directive by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, for a takeover of the ongoing trial of MTN Nigeria and its CEO over alleged copyright infringement.
The musician said the minister’s directive for the prosecuting agency, the Nigeria Copyright Commission (NCC), to hand off the trial and forward the case file to his (AGF) office portends impending dangerous precedence.
Mr Moye’s position is contained in a press release by his lawyer, Rockson Igelige, on Saturday in Abuja.
NCC filed criminal charges against MTN Nigeria Communications Ltd., Karl Toriola, its chief executive officer (CEO), Nkeakam Abhulimen, Fun Mobile Ltd. and Yahaya Maibe, alleging copyright infringement.
In the three-count charge, before the Abuja Division of the Federal High Court, NCC alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business’’, infringed the musical works of Mr Moye without his consent and authorisation.
At the last hearing in the trial before Justice Inyang Ekwo on June 15, NCC prosecution lawyer Gladys Ojo had accused MTN Nigeria’s CEO, Mr Toriola, of evading service of court documents
However, in a letter dated June 19, referenced DPPA/JACK/271/24, the AGF, through the office of the Director of Public Prosecution, directed the NCC to “promptly” hands off the trial and forward the case file and court processes to his office.
According to the AGF, the decision was taken following a petition by MTN Nigeria and its CEO and in line with section 174 (1) (b) of the 1999 Constitution relating to entry of “Nolle Prosecui” in a criminal matter.
The section provides: “The Attorney-General of the Federation shall have power (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.”
Section 174 (3) further provides that “In exercising his powers, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”
In a copy of the petition by MTN Nigeria to the AGF, dated May 14, the company alleged that the charge was constituted to smear and embarrass MTN and its CEO.
MTN, through its lawyer, Ogden Alade, contended that the criminal charge was calculated to “harass, embarrass and force the hands of its clients to do the bidding of the musician by paying hundreds of millions of naira for alleged acts of infringement.”
MTN said it complied with the provision of applicable laws in the musician’s songs and did not connive with any person to defraud or violate the rights of the musician
The company added that it had indicated its goodwill and readiness to settle the case amicably under just and fair circumstances without undue pressure and influence, as well as prejudice to its rights and defence.
MTN said there is an ongoing civil suit on the alleged copyright infringement where the musician seeks damages of N500 million before another Federal High Court.
“The prosecution of the case and trial of MTN and its CEO will erode the corporate image of MTN and deplete its profitability, thereby affecting its share price in Nigeria’s stock market and taxes payable to the federal government by the company.
“It will also discourage foreign investment for fear of harassment.
“It is in the light of this that we wish to crave the kind indulgence of your good office in critically examining this matter and exercising your powers under Section 174 of the 1999 Constitution in the overall interest of justice and to prevent abuse of legal process,” the letter read in part.
Reacting to the decision of the AGF to the MTN petition, the musician alleged that the minister used his office “as a tool for oppression against an ordinary Nigerian.”
“While we concede that the AGF is empowered under the law, as the Chief Law Officer, to discontinue any criminal trial, we also know that the sacred trust vested in the AGF must not be abused.
“The responsibility of entering a ‘nolle prosequi’ must actually be exercised justifiably.
“Sadly, in this instance, there is no justification whatsoever for the AGF to thwart the prosecution of MTN.
“The case, indeed, serves the crucial purpose of giving justice to Mr Moye, who has expended time, resources and energy to create a work of art from which MTN and its cronies have willfully stolen and appropriated the income to themselves,” Mr Moye’s lawyer said.
He called on the AGF to allow justice to take its course and direct MTN to present its case in court.
According to him, doing otherwise would suggest that the AGF did not trust the Federal High Court, where the matter is pending, to do justice in the case.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

Hot news Home top
PDP tackles Gov Diri for snubbing Tinubu in APC campaign billboards
The party accused Mr Diri of being reluctant to identify with Mr Tinubu’s re-election campaign despite defecting to the APC.

Hot news Home top
Flamingos make history, beat Japan to win first-ever U-17 Women’s World Cup
Despite a defeat in their group opener, the Nigerian team returned to winning ways, with six consecutive victories.

Agriculture
FG targets 600 Niger farmers for N300,000 interest-free loans
The loans are under the Government Enterprise and Empowerment Programme (GEEP).

States
Firefighters contain vehicle fire in Ilorin
The vehicle, with registration number LAF 154 AE, caught fire while in motion on Saturday.

Sport
Man City lose to Nottingham Forest as Arsenal pip Hull City to extend lead on EPL table
Jair Cunha opened the scoring in the 6th minute, while Liam Delap made it two for Nottingham Forest in the 18th minute.

Africa
Ghana police arrest 57-year-old man for alleged shoplifting
The suspect was arrested on Thursday by the Somanya District Police Command.





