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Alleged Copyright Infringement: NCC Accuses MTN Nigeria MD Of Evading Service

By Kayode Sanni-Arewa
The Nigerian Copyright Commission (NCC), on Tuesday, accused Mr. Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Ltd; of evading service of court documents in the alleged copyright infringement suit.
The NCC’s lawyer, Gladys Ojo, made the allegation before Justice Inyang Ekwo of a Federal High Court, Abuja.
The News Agency of Nigeria (NAN) reports that Justice Ekwo had, on April 29, fixed today for Toriola and other co-defendants’ to take their plea following his failure to appear in court in the last adjourned date for their arraignment.
NAN reports that the NCC had, in a charge marked: FHC/ABJ/CR/111/2024, sued MTN Nigeria Communications Ltd; Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO as 1st to 5th defendants respectively.
In the three count-count charge dated March 19 and filed March 20 by Emeka Ogbonna on NCC’s behalf, the prosecution alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation
The commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ring back tunes” without the authorisation of the artiste.
The musical works and sound recordings of the musician allegedly infringed upon include “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.
In the third count, the defendants were alleged of having in their possession, the musical works and sound recordings of the artiste, other than for their personal or domestic use.
The copyright commission said the alleged offence is punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
NAN reports that in the last adjourned date, Toriola and Abhulimen were neither in court nor represented by any counsel.
When the case was called on Tuesday, Toriola and Abhulimen were again not in court.
Speaking, Ojo said although the matter was fixed for arraignment today, only Maibe (5th defendant) was in court.
She said all efforts made to personally serve Toriola were unsuccessful.
The lawyer said the MTN MD allegedly refused to be served.
“The last time, we told my lord that we were 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,” she said.
But Obafemi Agaba, who appeared for 1st, 2nd and 3rd defendants (MTN Ltd, Toriola and Abhulimen), told the judge that the MD and Abhulimen were yet to be served with the charges in the suit.
He argued that the rules of the court is that the defendants be served personally in criminal matter, adding that the prosecution “has not applied for substituted service.”
Agaba also drew the attention of the court to his preliminary objection challenging the jurisdiction of the court and the competence of the suit.
But Justice Ekwo advised the MTN lawyer to do everything to ensure that his clients are served with the processes.
The judge also told the NCC lawyer that she ought to know the necessary legal steps to take regarding service.
“Nobody can evade service except you don’t know what to do,” the judge told Ojo.
Justice Ekwo, who adjourned the matter until June 27 for arraignment, said: “However, if the court becomes aware of any application that has been filed before that date, parties will receive hearing notices before that date.”
(NAN)
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First Lady Support Historic Bill to Reserve Seats for Women in Parliament

News
Benin City boils as CSOs protest killing of physically challenged man

Angry members of Civil Society Organisations on Tuesday protested and decried the gruesome murder of a physically challenged man in Obazagbon community, Oredo Local Government Area of Edo State.
The victim, identified as Efe Ogbeide and a deaf, was said to have been murdered at a project site by invading gunmen.
The community is said to be embroiled in violent leadership crisis, leading to the destruction of property and loss of lives.
Speaking on behalf of the aggrieved protesters, the Executive Director, Network for the Advancement of People with Visible Disability, Omasah Melody said the victim was deaf and could not hear when the alarm of the invaders was raised.
He added, “While others ran away, but because he could not hear, he fell in the hands of his murderers.”
Melody continued, “we are pained. We are touched because Mrs. Betty has lost a very dear husband. His children have been made fatherless.
Ogbeide’s crime was that he went around to fend for himself and his family in spite of his disability so that he will not to be a liability to society.
It was in the quest of struggling to put food on the table of his family that death met him absolutely.
“The frequency of communal clashes over land and its related issues is becoming one too many. It has to stop. Security agents must rise to the occasion.
When there are crisis in community, the physically challenged suffer more. People with disabilities are worse hit.”
Reacting to the development, the Edo State Police Public Relations Officer, Moses Yamu said three suspects have been arrested over the mayhem in Obazagbon community, adding that investigation is still ongoing.
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PSC endorses appointment of six DIGs, elevates one CP to AIG, others

The Police Service Commission has endorsed the appointment of six Deputy Inspectors General of Police and the promotion of the Commissioner of Police Enugu State Command, Uzuegbu Kanayo to the next rank of Assistant Inspector General of Police.
The new Deputy Inspectors General of Police are Sadiq Idiris Abubakar, Commandant Police Academy , Wudil, Kano. He was former Commissioner of Police, Federal Capital Territory; CP Peace keeping Operations and Coordinator, Police Special Forces; Benjamin Nebolisa Okolo, former AIG, Zone 16, Yenagoa and presently AIG Department of Information Communication Technology, Force Headquarters Abuja and Williams Adebowale, Commandant, Police Staff College Jos.
Others are Bzigu Yakubu Kwazi Bali, AIG FCID, Annex Enugu; Idegwu Basil Ukuoma, AIG Zone 14, Katsina and Adebola Ayinde Hamzat, AIG Zone 16 Yenagoa and former Commissioner of Police, Oyo State Command. He was also a former CP Border Patrol, Force Headquarters, CP Crime Prevention and Community safety; Deputy Force Secretary and currently AIG in charge of NPF Counter Terrorism Unit, CTU, Force Headquarters Abuja.
CP Kanayo Uzuegbu Commissioner of Police Enugu State Command promoted to the next rank of Assistant Inspector General of Police was a former Assistant Commissioner Operations Zone 9, Umuahia; Area Commander, Owerri; Area Commander Karu, Nasarawa state; Commander Switch Operation Switch, Portharcourt; Deputy Commissioner Finance and Admin Edo State Command, DCP, state CID, Osun State and Commissioner of Police Operations, Communication, Force Headquarters, Abuja.
The Commission also approved the appointment of Commissioners of Police for Oyo and Enugu State Commands. CP Ademola Johnson, Principal Staff Officer to the Inspector General of Police was appointed CP Oyo State. He was also a former Deputy Commissioner of Police Delta State Command. CP Mamman Bitrus Giwa was appointed CP, Enugu State to take over from newly promoted AIG Kanayo Uzuegbu. CP Giwa was former DCP Operations Kaduna and Imo State Commands; ACP Police Mobile Force, Force Headquarters Abuja; and CSP A, Commissioner of Police Mobile Force, Force Headquarters among other postings in the Police Mobile Force.
The Commission also approved the promotion of eight Chief Superintendents of Police to the next rank of Assistant Commissioners of Police. They are Abdullahi Kamba Usman; Sani Abdu; Ifeanyi Owo; Vincent Orole; Elisha Atikinkpan and Margaret Okonkwo. Others are Alhasan Aliyu Guga and Imo Owinizi Ezekiel.
The newly promoted senior Police Officers were subjected to Written examinations and interactive oral interview.
The Chairman of the Commission, DIG Hashimu Argungu rtd mni, presided over the sessions with Justice Paul Adamu Galumje, Justice of the Supreme Court rtd and Honourable Commissioner representing the Judiciary in the Commission; DIG Taiwo Lakanu rtd fdc, Honourable Commissioner representing the Police and Chief Onyemuchi Nnamani, Secretary to the Commission in attendance.
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