Business
Court fixes May 28 for trial of MTN CEO, Karl Toriola, others over alleged contract breach
The Federal High Court in Abuja has fixed May 28 for the Federal Competition and Consumer Protection Commission !FCCPC), to arraign Mr. Karl Toriola, the Managing Director and Chief Executive Officer of MTN Nigeria Communications Plc, and others on a two-count charge bordering on contract breach.
Others listed as 1st to 4th defendants in the charge marked: FHC/ABJ/CR/354/2024, are: MTN Nigeria Communications Plc, the Chief Corporate Services and Sustainability Officer of the company, Tobechukwu Okigbo, as well as its General Manager, Regulatory Affairs, Ikenna Ikeme.
The defendants were alleged to have failed to produce vital documents and information the Federal Government requested through the FCCPC.
The prosecution maintained that the action of the defendants was in beach of the FCCPC Act.
The charge, which is before trial Justice H.J. Yilwa, was filed through a team of lawyers led by Mr. Akoji Achimugu.
The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, had earlier applied to takeover another three- count charge that was instituted against the telecommunication company by the Nigerian Copyright Commission (NCC).
Aside from Toriola, MTN’s Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider, as well as its CEO, Yahaya Maibe, were listed as defendants in the charge marked: FHC/ABJ/CR/111/2024.
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 NCC 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 included “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 count three of the charge, the defendants 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 NCC 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.
Trial Justice Inyang Ekwo adjourned the matter till May 15, following AGF’s application to takeover the case.
