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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.
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)
News
Tinubu Fires Top Appointee Over Alleged N1.4 Billion Embezzlement
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President Bola Tinubu has sacked Sani Auwalu Balarabe from his position as HoD, Chief of the Intercountry Centre for Oral Health for Africa, ICOH, over an alleged embezzlement of N1.4 billion during his tenure.
As far as one could gather from the People’s Gazette, the appointment of Balarabe was terminated on the 18th of July, following a spate of petitions that related to financial misconduct and investigations. The president appointed one Taiwo Olaniyi to replace him.
In January, several petitions were sent to the House of Assembly, EFCC, Ministry of Health, and other government agencies to investigate activities of Balarabe at ICOH. The petitions leveled accusations against Balarabe, saying that he had not conducted any research despite the institute receiving huge budgetary allocations, which is its core mandate.
One of the petitions dated January 16 had this: “Despite all these budgetary allocations, the centre has not produced a single oral health research project, which is its core mandate and the reason for its establishment.
It further brought to the fore that projects initiated under Balarabe’s administration, such as the construction of a remodeled dental clinic and administration block and the procurement of project vehicles, costing over N700 million, were never completed.
The petitions also accused him of backdating the appointment letters for new staff and paying them arrears of their salary, with such money to be returned to a particular account. These funds are said to have been applied toward some expenses at ICOH.
The sacking of Balarabe clearly typified President Tinubu’s commitment to corruption fighting and making those in charge of public institutions accountable.
News
Finally, IGP approves hunger protests across Nigeria
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The Nigerian police has finally approved the planned nationwide protests and outlined conditions for participants.
The Inspector General of Police, Kayode Egbetokun, revealed this on Friday while addressing journalists in Abuja.
He urged all groups planning to participate in the proposed nationwide protest to submit their details to the Commissioners of Police in their respective states.
The police boss said this was to ensure the protest was peaceful.
Egbetokun said, “We acknowledge the constitutional right of Nigerian citizens to peaceful assembly and protest.
“However, in the interest of public safety and order, we urge all groups planning to protest to provide necessary details to the Commissioner of Police in the state where the protest is intended to take place.
“To facilitate a successful and incident-free protest, they should please provide the following information: state the proposed protest routes and assembly points; expected duration of the protest; and names and contact details of protest leaders and organisers.”
The police boss said the information expected from the organisers also include measures to prevent hijacking by criminal elements, as well as key identifiers for possible isolation of potential troublemakers.
By providing the information, he said, the police will be able to deploy adequate personnel and resources to ensure public safety.
He said the police needed to know the specific routes and areas for the protest to avoid conflicts with other events or activities.
Mr Egbetokun said the police will “establish clear communication channels with protest leaders to address any concerns or issues that may arise; minimise the risk of violence, property damage, or other criminal activity.
“We encourage all protesters to cooperate with the police, obey the law, and adhere to global best practices for peaceful assembly to guarantee a safe and successful exercise of their rights.
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