THE Federal Government through the Federal Competition and Consumer Protection Commission (FCCPC) will, on May 28, arraign Karl Toriola, the Managing Director and Chief Executive Officer (MD/CEO) of MTN Nigeria Communications Plc.
Toriola, MTN Nigeria Communications Plc, and others will be arraigned over the alleged failure to produce documents and information required by the commission in compliance with a lawful summons, contrary to the FCCPC Act.
The company and its CEO will be arraigned alongside Tobechukwu Okigbo, MTN’s Chief Corporate Services and Sustainability Officer, and Ikenna Ikeme, General Manager, Regulatory Affairs of MTN, before Justice H.J. Yilwa of the Federal High Court in Abuja.
FCCPC had, in the charge marked FHC/ABJ/CR/354/2024, named MTN Nigeria Communications Plc, Toriola, Okigbo, and Ikeme as the 1st to 4th suspects, respectively.
The suspects were charged with two counts in the charge, dated July 19, 2024, and filed on July 22, 2024, by a team of lawyers led by Akoji Achimugu.
When the matter was called, they were not in court.
Justice Yilwa asked the FCCPC lawyer, Chizenum Nsitem, about the whereabouts of the suspects.
Nsitem informed the court that though the matter was scheduled for the arraignment of the suspects, he was just briefed about the case and would need more time to study the case file.
The judge adjourned the matter until May 28 for arraignment.
The Nigerian Copyright Commission (NCC) had earlier filed charges against MTN Nigeria Communications Ltd; its CEO, Toriola; MTN Senior Executive Officer, Nkeakam Abhulimen; Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.
The NCC, in the three-count charge marked FHC/ABJ/CR/111/2024, presently before Justice Inyang Ekwo of a sister court, filed it on March 20, 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 commission alleged that the defendants used Maleke’s musical works and sound recordings with subsisting copyright, known as “caller ringback tunes,” without the authorisation of the artiste.
The musical works and sound recordings of the musician allegedly infringed upon include 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 the third count, the suspects 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 copyright commission 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.
Justice Ekwo had, on Feb. 25, adjourned the matter until May 15 for a report, following the Attorney-General of the Federation’s (AGF) interest in taking over the case.
