MTN Nigeria, alongside its CEO Karl Toriola and other executives, is facing legal action from the Nigerian Copyright Commission (NCC) over allegations of unauthorised use of copyrighted music. The lawsuit, filed under case number FHC/ABJ/CR/111/2024, also names Fun Mobile Ltd, its CEO Yahaya Maibe, and MTN Senior Executive Officer Nkeakam Abhulimen as defendants.
The NCC claims that between 2010 and 2017, the accused parties sold and distributed musical works by Nigerian artist Maleke Moye without his consent. These songs, including 911, Minimini-Wana Wana, and Stop Racism, were allegedly used as caller ringback tunes without proper authorisation.
According to the commission, the defendants not only offered Maleke’s works for commercial gain but also distributed them to subscribers without permission. The charges are based on Section 20 (2) (a), (b), and (c) of the Copyright Act, which prescribes penalties for such violations.
The case is currently before Justice Inyang Ekwo, with the Attorney-General of the Federation, Lateef Fagbemi, expressing interest in taking over the prosecution. The next hearing is set for May 15.
A Second Legal Challenge: Competition Law Violation
In a separate case, the Federal Competition and Consumer Protection Commission (FCCPC) has also taken legal action against Toriola and other MTN executives. The case, filed as FHC/ABJ/CR/354/2024, accuses the company’s leadership of failing to provide requested documents and information in response to a regulatory summons.
MTN’s Chief Corporate Services and Sustainability Officer, Tobechukwu Okigbo, and General Manager of Regulatory Affairs, Ikenna Ikeme, are also named in the lawsuit. The FCCPC claims the executives deliberately withheld key information, violating the FCCPC Act.
The case, initially filed on July 22, 2024, is now before Justice H.J. Yilwa of the Federal High Court in Abuja. At a previous hearing, the judge questioned why the defendants were absent, prompting FCCPC’s lawyer, Chizenum Nsitem, to request more time to review the case. The next hearing is scheduled for May 28.
With both lawsuits raising serious legal challenges for MTN Nigeria’s leadership, the outcomes could have significant implications for the company’s operations and regulatory standing.
I am passionate about crafting stories, vibing to good music (and making some too), debating Nigeria’s political future like it’s the World Cup, and finding the perfect quiet spot to work and unwind.
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