Connect with us

News

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

Published

on

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.

Advertisement

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.”

Advertisement

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.

Advertisement

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.

Advertisement

“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.”

Advertisement

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.

Advertisement

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)

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Unpaid Commission: Businessman Sues FCMB, Demands $60,206.66

Published

on

A businessman, Michael Ogbole, has sued First City Monument Bank at a Lagos State High Court in Lagos, demanding $60,206.66 as unpaid commission for allegedly facilitating a multi-million-dollar transaction with a United States-based company, Sky Enterprise LLC.

Ogbole, in the suit, filed by Falana & Falana Chambers accususe FCMB of circumventing him in the deal.

The claimant alleged on June 2, 2016, he met with FCMB’s Group General Manager and Chief Executive Officer, Ladi Balogun, to discuss how he could help the bank secure finance from Sky Enterprise, a Florida-based firm specialising in trade finance, risk, and debt management.

Following their discussion, Balogun allegedly directed him to contact FCMB’s Treasurer, Gerald Ikem, who introduced him to Nomso Ezenta, head of Structured Funding and Correspondent Banking, to coordinate the transaction.

Advertisement

The businessman said on September 2, 2016, he arranged a meeting between Sky Enterprise’s Global Director for Africa, Yinka Akinlabi, and FCMB at the bank’s headquarters to structure the deal.

The claimant said those present were top FCMB executives. After the meeting, the parties exchanged emails and phone calls to finalise the transaction.

However, in February 2021, the businessman discovered FCMB went ahead with the deal through Sky British, a subsidiary of Sky Enterprise, without his involvement.

He claims this was confirmed by FCMB’s Annual Report and Financial Statements of December 31, 2020.

Advertisement

In a letter of October 12, 2021, the businessman demanded $60,206.66, representing one per cent commission on the $6,020,660, facility secured by FCMB from Sky British. After FCMB failed to respond, another demand letter was sent on January 19, 2022. Despite these efforts, the businessman claimed FCMB has refused to pay.

FCMB, through its lawyer, Wale Olawoyin, said the suit lacks merit, admitting that in 2016, Ladi Balogun was approached by the claimant, claiming he can broker dollar loans for banks.

Subsequently, the bank said the claimant, through phone conversations, emails, and two meetings, held discussions with other FCMB executives.

Advertisement
Continue Reading

News

How female POS operator facilitated ₦4 million kidnap ransom for ₦40,000

Published

on

The Delta State Police Command has revealed details of how a female Point of Sale (POS) operator received ₦4 million as ransom payment on behalf of kidnappers, pocketing a meagre ₦40,000 for her involvement.

Police spokesperson, SP Bright Edafe, issued a public warning on Thursday, advising POS operators to steer clear of high-value transactions, especially those linked to criminal activities like ransom payments.

In a message shared on social media, Edafe explained that accepting payments above ₦500,000 could put operators at risk of severe legal consequences.

He pointed to the alarming case of the female operator, cautioning others that participating in such deals could lead to imprisonment before any legal defence can secure their release.

Advertisement

“You may think it’s just business,” Edafe said, “but you might find yourself cooling off in prison before your lawyer steps in.”

The police urged POS operators to remain vigilant, avoid being exploited by criminals, and adhere to transaction limits while reporting any suspicious activities.

Continue Reading

News

House Of Reps Calls For Nigeria’s Exit From OPEC Over Petrol Price Hike

Published

on

The Labour Party lawmaker Ozodinobi made the call at the House floor while supporting the motion raised during the House plenary on Wednesday by the House Minority Leader, Kingley Chinda of the Peoples Democratic Party (PDP), Rivers State.

A House of Representatives member representing Njikoka/Anaocha/Dunukofia Federal Constituency, George Ibezimako Ozodinobi, has called for Nigeria’s exit from the Organisation of Petroleum Exporting Countries.

The Labour Party lawmaker Ozodinobi made the call at the House floor while supporting the motion raised during the House plenary on Wednesday by the House Minority Leader, Kingley Chinda of the Peoples Democratic Party (PDP), Rivers State.

The lawmakers had in the motion called on President Bola Tinubu’s government to reverse the recent hikes in the prices of Premium Motor Spirit, popularly known as petrol and liquified petroleum gas (LPG), commonly known as cooking gas.

Advertisement

The lawmaker said it was high time the Nigerian government pushed aside the international standard of selling crude oil.

It urged the government to sell crude oil to Dangote Refinery at a reduced foreign exchange rate.

According to him, President Bola Tinubu’s administration recently approved N70,000 new national minimum wage for Nigerian workers but the current increase in prices of petrol and food items have made the minimum wage meaningless to the extent that N70,000 does not last the earners three days.

Ozodinobi said, “I want to draw the attention of all of us that in the recent past, the federal government gave a minimum wage of N70,000 per month, and just a week or two ago, there was an increase of fuel price.

Advertisement

“I’m telling you from personal experience, my driver, I approved his transport of N3,000 transportation a day, has come up with the bill of N6,000 transportation just to come to work.

“All these things are affecting the entire state of our people. We cannot transport food from our constituencies or our constituents cannot transport their produce from the farm to markets with a much lesser cost.

“The increase of food prices in this country, somebody who is earning N70,000 per month, his N70,000 cannot last him for three days in this country, in the same government, the same policy.

“I want to thank God for the life of Aliko Dangote who has through other investors, come up with a refinery. I want us to pressurise the government, because not all countries that produce petroleum are in OPEC.”

Advertisement

According to him, “We need to review our OPEC policy. We mustn’t be in OPEC because the only thing that will solve this problem of petroleum increase is to use what we have to solve our problem.

“In other words, I’m advocating that the NNPCL (Nigerian National Petroleum Company Limited), the government should, as a matter of policy, sell the crude oil we produce to Dangote at a reduced foreign exchange because their hands are tied, we will have to review the policies we have with OPEC. We mustn’t be there.

“We have crude oil. Dangote must be given our crude oil at a reduced foreign exchange, not on international standard.”

SaharaReporters had reported that the House of Representatives while calling President Tinubu’s government to reverse the increased fuel and gas prices, emphasised the need for urgent interventions, such as price relief, tax reductions, or subsidies, particularly to alleviate the burden on low-income households.

Advertisement

The lawmakers noted that Nigeria’s dependence on petroleum products and cooking gas as primary energy sources has made the recent price increases unbearable for ordinary Nigerians.

Continue Reading

Trending

Copyright © 2024 Naija Blitz News