AGF to decide fate of copyright infringement case against MTN, CEO

Abuja – July 3, 2025 — The Office of the Attorney General of the Federation (AGF) has announced that a decision will be made by October 2025 on whether to continue or drop the pending criminal copyright infringement case instituted against MTN Nigeria Communications Limited, its CEO Karl Toriola, and three others.

The update was delivered on Wednesday at the Federal High Court in Abuja by Aderonke Imana, Esq., counsel representing the AGF, during proceedings before Justice Mohammed Umar. The court subsequently adjourned the matter to October 22, 2025, for the AGF to report on its decision.

The NCC alleged that the defendants used musical works and sound recordings by Nigerian artist Maleke Idowu Moye as caller ringback tones without obtaining proper consent or authorization—an act considered criminal under Nigeria’s copyright laws.

Court documents reveal that the NCC’s investigation found substantial evidence of unauthorized use of intellectual property, prompting formal charges.

However, while the NCC’s case was ongoing, Jackson, Etti & Edu, acting as legal counsel for MTN and Toriola, petitioned the Attorney General, requesting that the AGF intervene and review the case.

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They alleged that the NCC’s prosecution was an attempt to “embarrass” MTN’s executives, damage the company’s reputation, and destabilize its business operations, including its share value.

The AGF, exercising powers under Section 174(1)(b) of the 1999 Constitution (as amended), formally took over the case from the NCC in July 2024, reserving the right to either proceed or discontinue the prosecution.

At Wednesday’s hearing, Imana informed the court that a petition from the nominal complainant (believed to be Maleke Idowu) has prompted a fresh review of the case by the AGF’s office. She noted that while the matter had been slated for plea, she was under instructions to seek more time pending the AGF’s final position.

“This is an equal opportunity office, and a review is ongoing,” Imana told the court. She also apologized for the delay and requested a new date to present the AGF’s decision.

Obafemi Ogaba, counsel for MTN and its CEO, responded by expressing hope that the AGF would soon reach a conclusion.

“We do appreciate the point that my learned friend has made, and we hope that the decision of the AGF will be made soon so that the criminal charges hanging over these people will be over,” he said.

Justice Umar then adjourned the case to October 22, 2025, to allow the AGF sufficient time to complete its review.