By Abu Adam
A Federal High Court sitting in Lagos has hit Airtel Network Limited with a total liability of N210 million for unlawfully using a musical work titled “Nigeria Go Survive” without the consent of its producer, Veno Marioghae Mbanefo.
Delivering judgment in Suit No. FHC/L/CS/1822/2022, Justice Ibrahim Ahmad Kala held that Airtel infringed the plaintiff’s copyright by deploying the song for advertising, promotional and telemarketing purposes without obtaining the required licence or authorisation.
The court ruled that Airtel’s conduct amounted to engaging in “restricted acts” in relation to the plaintiff’s musical work, in clear violation of her copyright under Nigerian law.
In addition to the monetary award, Justice Kala issued a mandatory injunction ordering Airtel, its management, agents, servants, privies, successors-in-title and assignees to immediately remove “Nigeria Go Survive” or any substantial part of it from all advertising, business, telemarketing and promotional platforms used to engage subscribers.
The court further granted a perpetual injunction restraining Airtel and its representatives from any further use of the musical work for advertising, promotion or telemarketing of its products and services without proper licence or authorisation from the copyright owner.
In the suit, Mbanefo, represented by her legal team led by Mr. Rockson Igelige, Esq., asked the court to declare that Airtel’s use of the song without acknowledging her as the author and copyright owner breached her statutory rights under Section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
She also sought declarations that the unauthorised use of the song constituted copyright infringement, alongside claims for N200 million in general damages, additional damages for violation of her statutory rights, and aggravated damages for what she described as a flagrant and unlawful infringement.
In the alternative, the plaintiff requested an order compelling Airtel to render an account of profits allegedly earned from the infringement, under the supervision of the Nigerian Communications Commission (NCC), and to pay over the proceeds to her.
Justice Kala, in his ruling, upheld Mbanefo’s claims and awarded damages, marking a significant legal victory for copyright protection in Nigeria’s creative industry.
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