Copyright Infringement: MTN petition successful as Court allows AGF to take over NCC’s case against CEO, Karl Toriola

In a significant legal development, MTN’s petition regarding alleged copyright infringement has achieved success, resulting in a court decision permitting the Attorney General of the Federation (AGF) to assume control of the Nigerian Communications Commission’s (NCC) case against MTN’s CEO, Karl Toriola.

The case revolves around accusations of copyright violations reportedly involving MTN’s operations and intellectual property rights. The court’s ruling allowing the AGF’s intervention signifies a pivotal shift in the legal proceedings, potentially influencing the direction and outcome of the litigation.

The involvement of the AGF, as authorized by the court, underscores the government’s role in overseeing legal matters of national interest and ensuring compliance with regulatory frameworks governing telecommunications and intellectual property in Nigeria.

It would be recalled that MTN Nigeria Communications Limited had asked the court to strike out the case instituted against it by the Nigerian Copyright Commission (NCC) for allegedly being defective.

The case, marked FHC/ABJ/CR/111/2024, was filed by the NCC against MTN Nigeria Communications Limited; Karl Toriola, Chief Executive Officer of MTN Nigeria; Nkeakam Abhulimen; Fun Mobile Limited; and Yahaya Maibe.

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The case was adjourned several times following the non-appearance of the MTN CEO and others, who were scheduled to be arraigned and take their plea.

The NCC had alleged that MTN and others used several soundtracks as callback ringtones without the consent and authorization of the original owners.

But MTN’s lawyer, Obafemi Agaba filed a motion against NCC, asking the court to decline jurisdiction on the matter.

While the NCC case was pending, Jackson, Etti & Edu, acting as Solicitors to MTN Nigeria Communications Plc, Kari Toriola and another, asked the AGF to take over the case from the NCC, citing moves by Maleke Idowu Moye and the Commission to “embarrass” the CEO, smear MTN’s reputation and destabilize the company’s business including its share price.

MTN told the OAGF that Maleke had been financially settled in the past before the time of Karl Toriola, and it had also “discontinued the use of all the songs” since 2017.

The solicitors urged the OAGF to examine the NCC’s matter so as to “prevent the abuse of legal process.”.

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In letter to the Court dated June 19, 2024, the Director of Public Prosecutions of the Federation, OAGF, stated that “After a careful consideration of the petition and in line with the provisions of Section 174 (1) (b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Honourable Attorney-General 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 Commission.”

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At the resumed proceedings on Monday, Aderonke Imana, Esq, counsel for the AGF, told Justice Inyang Ekwo that though the matter was slated for plea, however, she has the instruction of the Attorney General of the Federation to take over the matter this morning pursuant to his constitutional powers.

She then urged the court to give a further date because there is a need for her office to do a review of the NCC case file, adding the AGF has written to the Commission and the Nigerian Police to send a report.

She replied that she wanted to take over the prosecution of the case and wanted the Court to adjourn the matter to another date.

Ekwo asked her to mention the date she wanted because “I do not want you to come back and give an excuse one way or the other.”

“Upon the application of the Learned Counsel for the Prosecution, I make an Order adjourning this case to 10th October 2024, for Plea, ” Justice Ekwo ruled.

It is now within the purview of the AGF to either continue the case or discontinue it in line with the allegations of the MTN contained in its petition.