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The Attorney-General of the Federation (AGF), Mr. Lateef Fagbemi, SAN, announced plans on Monday to take over the trial of Karl Toriola, the Managing Director and CEO of MTN Nigeria Communications Ltd, and others involved in a copyright infringement case.
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During a hearing before Justice Inyang Ekwo of the Federal High Court in Abuja, the AGF’s counsel, Mrs. Aderonke Imana, informed the court that the Nigerian Copyright Commission (NCC) and the police had been notified to provide a report to the AGF’s office.
“The matter is slated for plea. However, I have the instruction of the Honourable Attorney-General of the Federation to take over this matter this morning pursuant to the powers of the AGF under Section 174 of the 1999 Constitution (as amended),” Imana stated.
She then requested an adjournment for her office to review the case file. Justice Ekwo rescheduled the plea hearing for October 10.
Previously, the case was delayed on June 27 due to the judge’s absence and was set for arraignment on September 26. However, the hearing was brought forward.
Other defendants in the case include MTN Nigeria Communications Ltd; Senior Executive Officer Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and its CEO Yahaya Maibe, listed as the 1st, 3rd, 4th, and 5th defendants, respectively. Toriola is named as the 2nd defendant in the charge marked FHC/ABJ/CR/111/2024.
On May 14, the NCC accused Toriola of evading service of court documents related to the alleged copyright infringement. The nominal complainant, musician Maleke Moye, raised concerns on June 22 about the AGF’s intent to take over the trial, fearing it could set a dangerous precedent.
The three-count charge, dated March 19 and filed March 20 by Emeka Ogbonna on behalf of the NCC, alleges that the defendants sold and traded the musical works of Maleke Moye without his consent between 2010 and 2017. These works were allegedly used as “caller ring back tunes” without authorization.
The charges include the illegal distribution of Moye’s musical works to subscribers and possession of the works other than for personal or domestic use, violating Section 20 (2) (a), (b), and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Additional report by News Agency of Nigeria (NAN)
