Court Adjourns MTN Nigeria CEO’s Copyright Infringement Trial As AGF Steps In
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) is seeking to take over the trial of Karl Toriola, Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Ltd, and others.
Fagbemi’s counsel, Mrs. Aderonke Imana, told Justice Inyang Ekwo of a Federal High Court in Abuja, upon resumed hearing in the matter, that the prosecuting agency, the Nigerian Copyright Commission (NCC), and the police, have been notified through a letter to furnish the AGF’s office with a report.
“The matter is slated for plea. However, I have the instruction of the Attorney-General to take over this matter this morning pursuant to the powers of the AGF under Section 174 of the 1999 Constitution (as amended),” she said.
Mrs. Imana thereafter sought an adjournment for her office to do a review of the case file and Justice Ekwo fixed October 10 for the defendants to take their plea.
The News Agency of Nigeria (NAN) reports that the matter was, on June 27, stalled due to the judge’s absence.
Although the matter was fixed for arraignment of Toriola and others, the case could not go on and was subsequently fixed for September 26 for the defendants to take their plea.
However, the matter was brought forward for the defendants to take their plea.
Other defendants in the charge are MTN Nigeria Communications Ltd; MTN Senior Executive Officer Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO as 1st, 3rd, 4th and 5th defendants.
Toriola is named as 2nd defendant.
The NCC, on May 14, accused Toriola, of evading service of court documents in the alleged copyright infringement charge.
On June 22, a musician, Maleke Moye, who is the nominal complainant, raised alarm over alleged plans by the AGF to take over ongoing trial of the telecommunications company and its CEO.
The musician said the minister’s directive for the prosecuting agency, NCC, to hands off the trial and forward the case file to his office portends impending dangerous precedence.
In the three count-count charge dated March 19 and filed March 20 by Emeka Ogbonna on NCC’s behalf, 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’.
