A musician, Maleke Moye, has alleged injustice in the directive by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), for a take over of the ongoing trial of MTN Nigeria and its CEO over alleged copyright Infringement.
His position is contained in a press release issued by his lawyer, Rockson Igelige, made available to newsmen on Saturday.
The musician said that the directive for the prosecuting agency, Nigeria Copyright Commission, to hands off the trial and forward the case file to the AGF’s office portends impending dangerous precedence.
It will be recalled that the NCC filed criminal charges against MTN Nigeria Communications Limited; Karl Toriola, its Chief Executive Officer; Nkeakam Abhulimen; Fun Mobile Limited and Yahaya Maibe, alleging copyright infringement.
In the three-count charge before a Federal High Court, Abuja, NCC alleged that the defendants between 2010 and 2017 “offered for sale, sold and traded for business” infringed musical works of Moye without his consent and authorisation.
The commission alleged that the defendants used musical works and sound recordings of Moye with subsisting copyright as Caller Ring Back Tunes without the authorisation of the artist.
According to NCC, the alleged offences are contrary to and punishable under Section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
At the last hearing in the trial before Justice Inyang Ekwo on June 15, 2024, NCC’s prosecution lawyer, Gladys Ojo, had accused MTN Nigeria’s CEO of evading service of court documents
However, in a letter dated June 19, referenced DPPA/JACK/271/24, the AGF, through the office of the Director of Public Prosecution, directed the NCC to “promptly” hands off the trial, forward the case file and court processes to his office.
According to the AGF, the decision was taken following a petition by MTN Nigeria and its CEO and in line with Section 174 (1) (b) of the1999 Constitution relating to entry of “Nolle Prosecui” in a criminal matter.
The section provides: “The Attorney-General of the Federation shall have power – (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.”
Section 174 (3) further provides: “In exercising his powers, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”
In a copy of the petition by the MTN Nigeria to the AGF, dated May 14, 2024, obtained by the News Agency of Nigeria, the company alleged that the charge was constituted to smear and embarrass MTN and its CEO.
MTN, through its lawyer, Ogden Alade, contended that the criminal charge was calculated to “harass, embarrass and force the hands of its clients to do the bidding of the musician by paying hundreds of million of Naira for alleged acts of infringement”.
MTN said it complied with the provision of applicable laws in the musician’s songs and did not connive with any person to defraud or violate the rights of the musician
The company added that it had indicated its goodwill and readiness to settle the case amicably under just and fair circumstances without undue pressure and influence, as well as prejudice to its rights and defence.
MTN said there is an ongoing civil suit on the alleged copyright infringement where the musician is seeking damages of N500 million before another Federal High Court.
It said: “The prosecution of the case and trial of MTN and its CEO will erode the corporate image of MTN and depletes its profitability, thereby affecting its share price in Nigeria’s stock market and taxes payable to the Federal Government by the company.
“It will also discourage foreign investment for fear of harassment.
“It is in the light of this, that we wish to crave the kind indulgence of your good office in critically examining this matter and exercising your powers under Section 174 of the 1999 Constitution in the overall interest of justice and to prevent abuse of legal process.”
Reacting to the decision of the AGF to the MTN petition, the musician alleged that the minister used his office “as a tool for oppression against an ordinary Nigerian”.
Moye said through his lawyer: “While we concede that the AGF is empowered under the law as the Chief Law Officer, to discontinue any criminal trial, we also know that the sacred trust vested in the AGF must not be abused.
Also Read:
- Edo: Court orders INEC to publish Asamah’s name as LP deputy governorship candidate
- Reps extend 2023 budget implementation timeline to December
- Flooding: Lagos to construct additional drainage collector on Agungi
- No request for Presidential Jet before us – Senate
- Absence of judge stalls trial of MTN Nigeria CEO, others
“The responsibility of entering a ‘nolle prosequi’ must actually be exercised justifiably.
“Sadly in this instance, there is no justification, whatsoever, for the AGF to thwart the prosecution of MTN.
“The case, indeed, serves the crucial purpose of giving justice to Mr Moye who has expended time resources and energy to create a work of art which MTN and its cronies have willfully stolen and appropriated the income to themselves.”
Moye called on Fagbemi to allow justice to take its course and direct MTN to present its case in court.
According to him, doing otherwise would suggest that the AGF did not trust the Federal High Court, where the matter is pending, to do justice in the case.