AGF moves to take over MTN Nigeria CEO, others trial – Punch Newspapers
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) has approached the Federal High Court Abuja, indicating interest in taking over the prosecution of the Chief Executive Officer of MTN Nigeria Communications Limited, Karl Toriola, and others.
The suit, which was initially being prosecuted by the Nigerian Copyright Commission, has listed as defendants in the charge marked FHC/ABJ/CR/111/2024, MTN Nigeria Communications Limited; Toriola, MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Limited, a telecommunications service provider; and Yahaya Maibe, its CEO as first, second, third, fourth and fifth defendants respectively.
The defendants are facing a three-count charge bordering on copyright and rights infringements dated March 19 and filed March 20 for NCC through its counsel, Emeka Ogbonna.
The defendants were accused of infringing on the musical works of an artiste, Maleke Moye, without his consent and authorisation between 2010 and 2017.
They were said to have offered for sale, sold and traded for business a couple of Maleke’s musical works and sound recordings with subsisting copyright, known as caller ring-back tunes without his authorisation.
The matter was initially fixed for June 27 for the arraignment of the defendants but was stalled due to the absence of the judge.
It was afterwards fixed for September 26 for the defendants to take their plea, but the court rescheduled and brought the matter forward for the defendants to take their plea.
At Monday’s proceeding, AGF’s, counsel, Mrs Aderonke Imana, informed the trial judge, Justice Inyang Ekwo, that the prosecuting agency, NCC, and the police had been notified through a letter to furnish the AGF’s office with a report and details of the suit.
She said, “The matter is slated for plea. However, I have the instruction of the Attorney-General of the Federation to take over this matter this morning pursuant to the powers of the AGF under Section 174 of the 1999 Constitution (as amended)”.
She proceeded to ask the court for an adjournment for her office to do a review of the case file.
Justice Ekwo fixed October 10 for the defendants to take their plea based on her request.
Meanwhile, NCC had, on May 14, accused Toriola of evading service of court documents in the copyright infringement charge.
On June 22, Maleke, who is the complainant in the suit, had raised the alarm over plans by the AGF to take over the trial of the telecommunications company and its CEO.
He said that the minister’s directive for the prosecuting agency, NCC, to hand off the trial and forward the case file to his office portends impending dangerous precedence.
The aggrieved complainant had in particular, accused the defendants of using his musical works and sound recordings of “911, Minimini-Wana Wana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.”
The defendants were also alleged to have illegally distributed the musical works to their subscribers without authorisation, thereby infringing on the rights of the artiste.
The defendants were also accused of having in their possession the musical works and sound recordings of the artiste, other than for their personal or domestic use.
All of these, NCC held, are offences punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
