MTN Nigeria Communications Limited has petitioned the Federal High Court, Abuja, to dismiss a copyright infringement case brought against it by the Nigerian Copyright Commission (NCC), citing defects in the case.
The case, labeled FHC/ABJ/CR/111/2024, was initiated by the NCC against MTN Nigeria Communications Limited; Karl Toriola, CEO of MTN Nigeria; Nkeakam Abhulimen; Fun Mobile Limited; and Yahaya Maibe.
The NCC alleged that MTN and others utilized several soundtracks as callback ringtones without the consent and authorization of the original owners.
A staff member of the NCC, Samuel Y. Udowo, testified before the court that the Commission investigated a complaint of criminal copyright infringement against the defendants for using the musical works/sound recordings of Maleke Idowu Moye as Caller Ring Back Tunes without consent.
The NCC charged MTN and others with selling, exposing, or offering for sale infringing copies of musical works/sound recordings, thereby committing offenses under the Copyright Act.
In response, MTN filed a motion asking the court to dismiss the case. MTN’s lawyer, Obafemi Agaba, argued that the case should be struck out because the signature on the charge sheet cannot be traced to any authorized legal practitioner in Nigeria.
Agaba also contended that MTN is not a juristic person, depriving the court of jurisdiction to entertain the proceedings.
MTN’s request for relief seeks an order to strike out the case for being incurably defective and incapable of activating the court’s jurisdiction.
During today’s hearing, most of the defendants were absent. Agaba raised the jurisdictional challenge, but the court noted that the motion was not yet on file.
Justice Ekwo adjourned the case to May 14 for the defendants to enter their pleas.
