NCC’s Legal Representative Asserts Allegations In Court Against MTN

ABUJA, FCT, NIGERIA – In the Federal High Court session held in Abuja on Tuesday, May 14, 2024, Gladys Isaac Ojo, representing the Nigerian Communications Commission (NCC), presented claims against MTN Nigeria Communications Limited and others in case FHC/ABJ/CR/111/2024.

The NCC accused these entities of utilizing various soundtracks as callback ringtones without the proper consent or authorization of the original creators, thus violating the Copyright Act.

One of the counts in NCC’s charge sheet stated: “Between 2010 and 2017, MTN Nigeria Communications Ltd., Karl Olutokun Tariola, Nkeakam Abhulimen, Fun Mobile Limited, and Yahaya Maibe sold or offered for sale infringing copies of musical works/sound recordings, including ‘911,’ ‘Minimini-wanawana,’ ‘Stop racism,’ ‘Ewole,’ ‘911 instrumental,’ ‘Radio,’ ‘waist,’ and ‘No bother,’ as Caller Ring Back Tunes without the consent of Maleke Idowu Moye, the copyright holder, thus violating section 20(2)(a) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.”

MTN Nigeria Communications Limited responded by requesting the Federal High Court in Abuja to dismiss the alleged copyright infringement case, citing defects in the charges.

Justice Inyang Ekwo scheduled May 14, 2024, for the defendants to enter their pleas. However, on that day, only the fifth defendant appeared.

Ojo, representing NCC, informed the court that the MTN CEO had allegedly evaded service of the charges.

“The matter today is slated for arraignment and plea. The last time, we told my lord that we are having issues serving the MTN CEO. We sent our officers to the MTN office in Lagos to serve them but we were denied access. We also sent the charge via DHL,” Ojo stated.

Obafemi Agaba, counsel for MTN and others, clarified that the CEO had not been served personally, as required by court rules, and highlighted his jurisdictional challenge to the court.

Justice Inyang Ekwo advised MTN’s lawyer to ensure proper service of the legal documents and reminded NCC’s lawyer of the necessary legal steps.

The judge adjourned the case to June 27, 2024, for plea, with the provision for earlier hearings if any applications are filed before that date.