Copyright Commission sues MTN Nigeria and 4 others for ‘unauthorised use of song as caller tunes’

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The Nigerian Copyright Commission (NCC) has filed a lawsuit against MTN Nigeria Communications Ltd, its CEO Karl Toriola, and three others for alleged copyright infringement. The lawsuit accuses them of using musical works by Nigerian artist and comedian Maleke Idowu Moye without his permission between 2010 and 2017.

Specific Allegations:

• The defendants offered, sold, and commercially traded Maleke's music without his authorization.

• They used Maleke's copyrighted music and sound recordings as Caller Ring Back Tunes (CRBTs) for their subscribers without his permission.

• The NCC claims MTN distributed these infringing CRBTs, including songs titled "911," "Miniminiwanawana," "Stop Racism," "Ewole," "911 instrumental," "Radio," "Low Waist," and "No Bother."

Legal Action:

The NCC filed a three-count charge (FHC/ABJ/CR/111/2024) against the following defendants:

• MTN Nigeria Communications Ltd

• Karl Toriola (MTN Nigeria CEO)

• Nkeakam Abhulimen

• Fun Mobile Ltd

• Yahya Maibe

The case is being heard in the Federal High Court, Abuja Division.

This lawsuit highlights the importance of copyright protection for creative works. The NCC's action aims to ensure that artists are compensated for their work and that companies like MTN obtain proper licensing before using copyrighted material.

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