Separately, the Nigerian Copyright Commission (NCC) had filed a copyright infringement case against MTN Nigeria Communications Ltd, its CEO Karl Toriola, Senior Executive Officer Nkeakam Abhulimen, Fun Mobile Ltd, and its CEO Yahaya Maibe.
The Federal Competition and Consumer Protection Commission (FCCPC) is set to arraign Karl Toriola, the Managing Director and Chief Executive Officer of MTN Nigeria Communications Plc, alongside other executives on May 28.
Toriola, MTN Nigeria Communications Plc, Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs, are facing charges over their alleged failure to produce documents and information as required by the commission in compliance with a lawful summons, contrary to the FCCPC Act.
The News Agency of Nigeria (NAN) reports that the suspects will appear before Justice H.J. Yilwa of the Federal High Court in Abuja. According to a charge marked FHC/ABJ/CR/354/2024, the FCCPC named MTN Nigeria Communications Plc, Toriola, Okigbo, and Ikeme as the first to fourth defendants.
The two-count charge was dated July 19, 2024, and filed on July 22, 2024, by a legal team led by Akoji Achimugu.
During a previous court session, Justice Yilwa inquired about the absence of the suspects.
FCCPC’s lawyer, Chizenum Nsitem, explained that although the case was scheduled for arraignment, he had only just been briefed and required more time to study the case file. The judge then adjourned the matter until May 28.
Separately, the Nigerian Copyright Commission (NCC) had filed a copyright infringement case against MTN Nigeria Communications Ltd, its CEO Karl Toriola, Senior Executive Officer Nkeakam Abhulimen, Fun Mobile Ltd, and its CEO Yahaya Maibe.
The three-count charge, marked FHC/ABJ/CR/111/2024, is before Justice Inyang Ekwo and was filed on March 20, 2024. The prosecution alleged that between 2010 and 2017, the defendants “offered for sale, sold and traded for business, infringed musical works of Maleke Moye, an artiste, without his consent and authorisation.”
The NCC accused the defendants of using Maleke’s copyrighted musical works as “caller ring back tunes” without authorisation.
The alleged infringed songs include “911, Minimini-Wana Wana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.”
Additionally, the suspects were accused of distributing the musical works to subscribers without the artiste’s permission. In the third count, they allegedly possessed the works other than for personal or domestic use.
The NCC stated that 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.
Justice Ekwo had previously adjourned the matter until May 15, following the Attorney-General of the Federation’s interest in taking over the case.
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