THE trial of the Managing Director and Chief Executive Officer of MTN Nigeria Communications Limited, Karl Toriola; Senior Executive Officer, Nkeakam Abhulimen and two others for criminal charges bordering on “copyright infringement” was stalled on Monday, April 29, following the absence of the defendants in court.
MTN is standing trial due to criminal charges filed by the Nigerian Copyright Commission (NCC) against Toriola; Abhulimen; Fun Mobile Limited, a telecommunications service provider; and Yahaya Maibe, its Chief Executive Officer.
The case was slated for arraignment before Justice Inyang Ekwo of the Federal High Court, Abuja, but could not proceed due to the absence of Toriola and Abhulimen, who were not represented in court by any lawyer.
But MTN was represented by Obafemi Ajaba, while Fun Mobile and Maibe were represented by Abdullateef Afolabi.
The prosecution lawyer, Emeka Ogbonna told the court the defendants, who had been on administrative bail, were not in court despite being served with the processes and their sureties assurance that they would be in the court.
He, therefore, sought for the adjournment to enable the defendants to appear in court and take their plea, noting: “If they don’t come willingly, we know what to do to bring them before the court.”
But Counsel to MTN (1st defendant) told the court that only the company was served with the court processes, adding that they had filed a motion on notice on April 26, challenging the jurisdiction of the court to proceed on the matter, as presently constituted.
Maleke Moye, who is the nominal complainant, in the suit, and his lawyers, Abudul T. Kohol and Zino Ugboma, were also present in court to watch the brief.
The presiding Judge, Justice Ekwo, while agreeing with the prosecution’s request, adjourned the case until May 14, 2024, for arraignment.
Recall that in the case, with the number FHC/ABJ/CR/111/2024, the NCC, in the three-count charge, 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.”
NCC 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 artist, including 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 artist.
In the third count, the defendants were alleged to have in their possession, the musical works and sound recordings of the artist, other than for their personal or domestic use.
The Commission said the alleged offences are punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, laws of the federation of Nigeria, 2004.
