The Office of the Attorney General of the Federation (AGF) has said it would, by October 2025, decide on the pending copyright infringement criminal charge instituted against MTN Nigeria Communications Limited and its CEO, Karl Toriola, by the Nigerian Copyright Commission (NCC).
The AGF counsel, Aderonke Imana, Esq, made this known to Justice Mohammed Umar of the Federal High Court, Abuja, after the matter was called.
Nairametrics previously reported that the Federal High Court, Abuja, had on July 8, 2024, allowed the AGF to take over and review the alleged copyright infringement case against MTN Nigeria Communications Limited and its CEO, Karl Toriola, based on a petition from the latter.
Nairametrics also reported that MTN Nigeria Communications Limited had asked the court to strike out the case instituted against it by the NCC, alleging it was defective.
The case, marked FHC/ABJ/CR/111/2024, was filed by the NCC against MTN Nigeria Communications Limited; Karl Toriola, CEO of MTN Nigeria; Nkeakam Abhulimen; Fun Mobile Limited; and Yahaya Maibe.
The case has been adjourned several times following the non-appearance of the MTN CEO and others, who were scheduled to be arraigned and take their plea.
Legal Disputes
The NCC had alleged that MTN and others used several soundtracks as caller ringback tones without the consent or authorization of the original owners.
A staff member of the NCC, Samuel Y. Udowo, also deposed before the court that the Commission investigated a complaint of criminal copyright infringement against the defendants.
The complaint, according to the staff, arose from the use of musical works/sound recordings of Maleke Idowu Moye as caller ringback tunes without his consent and authorization.
He added that the investigation revealed the defendants had committed copyright offenses, warranting penalties.
MTN’s lawyer, Obafemi Ogaba, filed a motion asking the court to decline jurisdiction over the matter.
While the NCC case was pending, Jackson, Etti & Edu, acting as solicitors to MTN Nigeria Communications Plc, Karl Toriola, and another party, petitioned the AGF.
They urged the AGF to take over the case from the NCC, citing attempts by Maleke Idowu Moye and the Commission to “embarrass” the CEO, damage MTN’s reputation, and destabilize the company’s business, including its share price.
The solicitors urged the AGF to examine the NCC’s case to “prevent abuse of legal process.”
In a letter to the court dated June 19, 2024, the Director of Public Prosecutions of the Federation, OAGF, stated:
“After careful consideration of the petition and in line with 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.”
At previous proceedings, Aderonke Imana, Esq., counsel for the AGF, informed Justice Inyang Ekwo that although the matter was slated for plea, she had instructions from the Attorney General of the Federation to take over the matter pursuant to his constitutional powers.
The judge, upon the AGF counsel’s request, adjourned the case for plea.
What transpired in court
- At the resumed court session on Wednesday, Imana told Justice Umar that although the AGF took over from the NCC, the nominal complainant had submitted a petition prompting a further review of the matter.
- She added that the “OAGF, being an equal opportunity office, is awaiting a decision from the AGF” and she was directed to apologize to the court and seek a further adjournment due to the exigencies of the AGF’s office.
- She requested another date to communicate the AGF’s decision on the matter.
- Responding, Ogaba said his clients are optimistic that the AGF will soon decide on the criminal charge.
“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,” Ogaba added.
After hearing from the lawyers, the judge adjourned the case to October 22, 2025, for a report.
It is now within the purview of the AGF to either continue the case or discontinue the criminal charges against MTN and others.
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