The Office of the Attorney General of the Federation (AGF) has withdrawn the pending copyright infringement criminal charges instituted against MTN Nigeria Communications Limited, its CEO Karl Toriola, and MTN executive Nkeakam Abhulimen by the Nigerian Copyright Commission (NCC).
The withdrawal was announced before Justice Umar Mohammed of the Federal High Court, Abuja, who had earlier scheduled Wednesday for the AGF’s legal team to report on its next line of action regarding the criminal charge.
Nairametrics previously reported that the AGF, through its counsel, Aderonke Imana, Esq., had in July 2025 stated that the prosecution would, by October 2025, decide on the pending copyright infringement criminal charge.
Legal Dispute
Recall that the Federal High Court, Abuja, had on July 8, 2024, granted the AGF permission 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 that 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 matter had been adjourned several times following the non-appearance of MTN’s 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 caller ringback tones without the consent or authorization of the original owners.
An NCC staff member, Samuel Y. Udowo, also deposed before the court that the Commission investigated a complaint of criminal copyright infringement against the defendants.
According to him, the complaint arose from the use of musical works and sound recordings by Maleke Idowu Moye as caller ringback tunes without his consent or authorization.
He added that the investigation revealed the defendants had committed copyright offenses warranting penalties.
MTN’s lawyer, Obafemi Agaba, subsequently filed a motion asking the court to decline jurisdiction over the matter.
While the NCC’s case was still pending, law firm 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 alleged 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 also urged the AGF to examine the NCC’s case to “prevent abuse of legal process.”
Following MTN’s petition, the AGF applied to take over the case for further review—a request the court granted—and adjourned proceedings until October 22 for a report.
What Transpired in Court
At the resumed proceedings on Wednesday, counsel for the AGF, G.C. Nweze, informed the presiding judge that following a review, the AGF was withdrawing the names of the first to third defendants—MTN, Toriola, and Abhulimen—from the case.
The lawyer noted that Fun Mobile Limited and Yahaya Maibe would take their pleas in an amended charge.
The report was not opposed by MTN’s lawyer, Obafemi Agaba.
After hearing from the AGF’s counsel, Justice Umar struck out the names of MTN, Toriola, and Abhulimen from the case and adjourned the matter.
The development means that MTN and its officials has been cleared from this criminal case originally instituted by the NCC.
The AGF, has the legal authority to take criminal proceedings of any federal government agency.
