THE FEDERAL COMPETITION AND CONSUMER PROTECTION COMMISSION (FCCPC) WILL ARRAIGN MR. KARL TORIOLA, THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER (MD/CEO) OF MTN NIGERIA COMMUNICATIONS PLC, ON MAY 28.
Toriola, MTN Nigeria Communications Plc and others will be arraigned over alleged failure to produce documents and information required by the commission in compliance with a lawful summons contrary to the FCCPC Act.
The News Agency of Nigeria (NAN) reports that FCCPC had, in the charge marked: FHC/ABJ/CR/354/2024, named MTN Nigeria Communications Plc, Toriola, Okigbo and Ikeme as 1st to 4th suspects respectively.
The suspects were preferred with two counts in the charge, dated July 19, 2024, and filed July 22, 2024 by a team of lawyers led by Akoji Achimugu.
When the matter was called, they were not in court.
Justice Yilwa asked the FCCP lawyer, Chizenum Nsitem, the whereabouts of the suspects.
Nsitem informed the court that though the matter was scheduled for the arraignment of the suspects, he was just briefed about the case and would need more time to study the case file.
The judge adjourned the matter until May 28 for arraignment.
NAN reports that the Nigerian Copyright Commission (NCC) had earlier filed charge against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked: FHC/ABJ/CR/111/2024 presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 2024.
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.”
They 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 suspects were alleged to have had 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.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for report, following the Attorney-General of the Federation (AGF)’s interest to take over the case.
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