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

EFCC summons 146 Christian pilgrim commission officials over alleged fraud

Published

on

The Economic and Financial Crimes Commission is investigating the Nigeria Christian Pilgrim Commission over an alleged misappropriation of public funds, The PUNCH can authoritatively report.

A reliable source in the anti-graft agency revealed that about 146 staff of the NCPC have been invited for questioning by the EFCC.

The invited staff of the NCPC, it was further gathered, were to report at the EFCC’s corporate headquarters from Monday, January to.

The source said, “The commission is currently investigating the NCPC and we have invited about 146 staff of the commission for questioning. They all have been assigned various dates to report at the EFCC’s headquarters and it is between Monday and Friday.”

Advertisement

The EFCC’s Head of Media and Publicity, Dele Oyewale, could not be reached on Sunday to confirm the report.

An internal memo from the NCPC dated January 16, imploring the invited staff to go along with their passports to the EFCC’s office.

The memo signed by Assistant Director APD, Chukwura Frank, on behalf of the Executive Secretary, was titled, ‘Re: Invitation by EFCC on investigation of misappropriation of public funds’.

It partly read, “I am directed to inform you that the Economic and Financial Crimes Commission has invited 146 officers of the Commission (both serving and retired) for an interview, and to go along with their international passports (sic) for this purpose.

Advertisement

“In furtherance to the above, the officers on the attached list should report to the EFCC on the dates indicated against their names for the interview with Head, Special Duty Committee 3, at EFCC Headquarters Jabi, Plot 301/302 Institution and Research District, Abuja by 10:00 am prompt

“This is for your information and strict compliance, please.”

According to the memo, those scheduled to appear include the Assistant Chief Accountant on Wednesday, January 22, 2025; the Assistant Chief Executive (Statistician), Principal Executive Officer (Accounts), Principal Accountant, Assistant Chief Administrative Officer, Assistant Chief Planning Officer, and Assistant Chief Executive (Accounts) on Thursday, January 23, 2025; and the Principal Procurement Officer, Principal Planning Officer, and Principal Information Officer on Monday, January 27, 2025, among others.

The spokesperson for the NCPC, Celestine Ogugua, could not be reached for comment as of the time of filing this report.

Advertisement

One of those invited contacted by our correspondent said the invitation was a routine check into the books of the commission.

He said, “It is not a new thing for us here. It is a routine exercise to check the books of the commission. It is nothing to worry about.”

Continue Reading

News

Just in : FG Announces Deadline For Market Operators’ Registration Renewals

Published

on

The Federal Government through the Securities and Exchange Commission (SEC) has reminded Capital (CMOs) to ensure that they renew their registration on or before January 31, 2025.

The Commission said this in a recent circular to ask the operators to begin this annual renewal of registration from January 1 to January 31, 2025.

The annual renewal of registration of Capital Market Operators, is aimed at ensuring that only fit and proper persons operate in the Nigerian capital market.

SEC in the secular stated, “This is to inform all Capital Market Operators (CMOs) and the general public that the annual renewal of Registration of CMOs for the year 2025 will commence from January 1, 2025.”

Advertisement

The Commission emphasized that CMOs without valid registration will be penalized and may be excluded from carrying out capital market activities.

The SEC had in 2021 re-introduced periodic renewal of registration by capital market operators, which was premised on the need to have a reliable data bank of all CMOs registered and active in the Nigerian capital market.

The aim was to provide updated information on operators in the Nigerian capital market for reference and other official purposes by local and foreign investors, other regulatory agencies and the public.

The renewal was also introduced to increasingly reduce incidences of unethical practices by CMOs such as may affect investors’ confidence and impact negatively on the Nigerian capital market, as well as strengthen supervision and monitoring of CMOs by the commission.

Advertisement

Consequently, the SEC amended its rules and re-introduced the requirement for yearly registration renewal by all CMOs, which is carried out electronically to ensure efficiency.

Continue Reading

News

NLC Condemns Recent Petrol Price Hike, insists it’s insensitive

Published

on

The Nigeria Labour Congress (NLC) has condemned the recent hike in the price of petrol, describing it as insensitivity against the masses.

Following the hike in the cost of the commodity by the Dangote Petroleum Refinery and various depot owners, the pump prices of petrol rose to between ₦1,050 and ₦1,150 per litre.

Reacting to the development, the Deputy President of NLC Political Commission, Theophilus Ndubuaku told Punch that in saner climes representatives of workers, the organised private sector and students would have been consulted before making a decision to increase the fuel price.

He argued that in an inclusive government, one person should not be the one calling the shots. Ndubuaku lamented that when people speak up attack dogs are sent after them and they are labelled members of the Obidient Movement.

Advertisement

He said, “This pump price hike will not only affect foodstuff and fare. There is the problem of inflation and the value of naira to contend with. Instead, what we are seeing is a situation we call Tinubunomics. It is something that has not been tested.

“When you talk about subsidies, is there a country that doesn’t have it? It’s all over the world. Even most of the goods you see in this country from China are subsidised. You are refusing to subsidise fuel and also refusing to even facilitate the so-called CNG buses. How many years does it take to do something like this?

“If you know the kind of game we (the NLC) and them are playing on this CNG thing. Now, they are not even involving the people in the so-called CNG conversion. If you promise to run an inclusive government, It’s not just you that should be doing the talking. Yet, when somebody talks, they send attack dogs to attack and label him a member of the Obidient movement.”

Borrow Obasanjo Template
Continuing, Ndubuaku emphasised that President Bola Tinubu will do well to borrow the template of former leaders like Olusegun Obasanjo, who he claimed held a monthly roundtable with stakeholders whenever sensitive issues that have a lot to do with workers’ welfare were being discussed.

Advertisement

“Such discussions were held in the Villa. Every month people would be invited and issues would be discussed. We’re not saying you shouldn’t do it. But please, carry people along. Let us know why you want to do these things so people will be prepared.

“But you can’t just keep changing the prices without any regard for us? This is what is causing all this frustration. They are not carrying the masses along. They have virtually made it difficult for the NLC to be involved in anything they are doing. Nigeria is not the personal property of anybody.

“If you are going to do anything that will involve the masses, you should call the people who represent the workers at least. You have certain blocks and groups of people in this country that have representatives, even in the so-called business sector that you can talk to,” he explained.

Advertisement
Continue Reading

Trending

Copyright © 2024 Naija Blitz News