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

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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.

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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.”

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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.

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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.

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“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.”

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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.

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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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JAPA! Heavy ‘wahala’ for undocumented migrants as Trump declares war

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Heavy ‘wahala’ as President-elect Donald Trump confirmed Monday that he plans to declare a national emergency on border security and use the US military to carry out a mass deportation of undocumented migrants.

Immigration was a top issue in the election campaign, and Trump has promised to deport millions and stabilize the border with Mexico after record numbers of migrants crossed illegally during President Joe Biden’s administration.

On his social media platform Truth Social, Trump amplified a recent post by a conservative activist that said the president-elect was “prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program.”

Alongside the repost, Trump commented, “True!”

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Trump sealed a remarkable comeback to the presidency in his November 5 defeat of Democratic Vice President Kamala Harris.

He has been announcing a cabinet featuring immigration hardliners, naming former Immigration and Customs Enforcement acting chief Tom Homan as his “border czar.”

Homan appeared at the Republican National Convention in July, telling supporters: “I got a message to the millions of illegal immigrants that Joe Biden’s released in our country: You better start packing now.”

Authorities estimate that some 11 million people are living in the United States illegally. Trump’s deportation plan is expected directly to impact around 20 million families.

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While the US government has struggled for years to manage its southern border with Mexico, Trump has super-charged concerns by claiming an “invasion” is underway by migrants he says will rape and murder Americans.

During his campaign, Trump repeatedly railed against undocumented immigrants, employing incendiary rhetoric about foreigners who “poison the blood” of the United States and misleading his audiences about immigration statistics and policy.

Trump has not elaborated on his immigration crackdown in any detail but during his election campaign repeatedly vowed to invoke the Alien Enemies Act of 1798 to speed up deportations.

Critics say the law is outdated and point to its most recent use during World War II to hold Japanese-Americans in internment camps without due process.

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The number of US border patrol encounters with migrants crossing from Mexico illegally is now about the same as in 2020, the last year of Trump’s first term, after peaking at a record 250,000 for the month of December 2023.

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USAID Provides $22 Million to Support Resilience and Food Security in Madagascar

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The United States, through the United States Agency for International Development (USAID), is providing more than $22 million in additional assistance to build resilience and improve food security for Madagascar’s most vulnerable people.

The funding, representing the first year of two new five-year resilience and food security projects, will help our partners reach up to 88,000 extremely poor and marginalized households in the Androy, Anosy, and Atsimo Atsinanana regions of Madagascar. This assistance, which will be implemented by consortiums led by USAID partners Catholic Relief Services and Cultivating New Frontiers in Agriculture, will support marginalized households to build sustainable livelihoods, develop financial capital, and increase their savings and assets. It will also support households to access existing health, nutrition, and water, sanitation, and hygiene services, and bolster households’ capacity to withstand future shocks and stresses.

This support builds on USAID’s long standing emergency programming in Madagascar to respond to recurrent disasters like drought and cyclones, as well as efforts to strengthen emergency response and increase resilience in the face of these disasters. The United States has provided nearly $103 million for humanitarian assistance in Madagascar in Fiscal Year 2024 and remains committed to supporting the people of Madagascar.

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Shipping firm offer US citizens four- year trip to avoid Trump’s 2nd term

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A Florida-based cruise company, Villa Vie Residences, is offering Americans an unconventional way to “escape” from Donald Trump’s second term as United States President.

The Independent reported on Monday that the company has unveiled its Tour La Vie programme, allowing passengers to embark on a global adventure spanning four years, visiting over 140 countries without stepping foot in the US.

The Villa Vie Odyssey offers several package options, including a one-year “Escape from Reality” cruise, a two-year “Mid-Term Selection” voyage, a three-year “Everywhere but Home” option, and the four-year “Skip Forward” trip.

The founder and CEO of Villa Vie Residences, Mikael Petterson, explained that the program was not politically motivated but aimed at providing an escape for those feeling unsettled.

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“We came up with this marketing campaign before we even knew who would win. Regardless of who would have won, you would have half of the population upset,” Petterson told Newsweek.

He added, “Quite frankly, we don’t have a political view one way or the other. We just wanted to give people who feel threatened to have a way to get out.”

Sky News quoted the founder as saying, “If you’re looking for an escape… there is no better place than on a ship, right, where you can wake up every day to a new backyard and get everything you need taken care of.”

Passengers will enjoy amenities including food, drinks, WiFi, medical visits, weekly housekeeping, and bi-weekly laundry services.

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Prices start at just under $40,000 per year, with a full four-year journey costing up to $320,000 for a double-occupancy cabin. Alcohol is included at dinner, though other drinks incur extra charges.

Sky News reports that the ship, which accommodates up to 600 residents, is already sailing and allows guests to join at various ports.

It was also reported that recently, the Villa Vie Odyssey faced a four-month delay in Belfast due to necessary repairs.

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