The arraignment of MTN Nigeria Communications Ltd; its Managing Director and Chief Executive Officer (MD/CEO), Karl Toriola; over alleged copyright infringement, was, on Monday stalled in a Federal High Court, Abuja.

The others are MTN Senior Executive Officer, Nkeakam Abhulimen, Fun Mobile Ltd, a telecommunications service provider; and Yahaya Maibe, its CEO.

The matter, which was fixed for the suspects to take their plea could not go on shortly after the case was called due to the absence of Toriola and Abhulimen in court.

It was equally observed that Toriola and Abhulimen were not represented in court by counsel.

However, while MTN Nigeria Communications Ltd was represented by Obafemi Ajaba, Fun Mobile and Maibe were represented by Abdullateef Afolabi.

Abdul Kohol, a lawyer and former acting Director-General of NCC, together with Zino Ugboma, said they were in court to watch brief for the nominal complainant, Maleke Moye, who was also in court.

It was also reported that the Nigerian Copyright Commission (NCC) had, in a charge marked: FHC/ABJ/CR/111/2024, sued MTN Nigeria Communications Ltd, Toriola, Abhulimen, Fun Mobile Ltd and Maibe as 1st to 5th defendants respectively.

In the three count-count charges 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.”

The commission 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 include “911, Minimini-Wana Wana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.”

The defendants 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 defendants were alleged of having 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.

When the matter was called on Monday, Toriola and Abhulimen were neither in court nor represented by a lawyer.

Ogbonna, who appeared for the prosecution, told the court that the matter was supposed to be for the arraignment of the defendants.

The lawyer, who informed the court that the commission had investigated them, said most of them were already on administrative bail.

He said though the expectation was that all of them would be in court today, Ogbonna however sought an adjournment to enable them to do the needful

“If they don’t come willingly, we know what to do to bring them before the court,” he said.

Ajaba, who appeared for the 1st defendant (MTN), however, told the court that only the company was served the court documents as far as they knew.

The lawyer said that they had filed a motion on notice on April 26, challenging the jurisdiction of the court to proceed on the matter as presently constituted.

Ajaba said the firm sought an order striking out the charge for being incurably defective and incapable of activating the jurisdiction of the court.

Giving two grounds, he said the 1st defendant was not a juristic person and therefore robbed the court the requisite jurisdiction to entertain any proceeding concerning the applicant.

Besides, the lawyer argued that the signature on the charge herein being the originating process in the criminal action cannot be traced or ascribed to any legal practitioner authorised to practice law in Nigeria contrary to the clear statement of the law as enunciated by the Supreme Court.

But Justice Ekwo rhetorically asked Ajaba if he had studied the provision of the Administration of Criminal Justice Act (ACJA) in respect of objecting.

The judge, who said that the prosecution had already applied for a date for plea, adjourned the matter until May 14 for arraignment.

 A Federal Capital Territory High Court on Tuesday admitted a nurse, May Nwosu to bail in the sum of N50 million for alleged fraud.

Nwosu is charged alongside her husband Chinedu, who is at large and four companies on six counts of conspiracy and false pretence.

The companies are CN Global Ltd, Nemec Agric Company Ltd, Sahara Tooling Ltd and African Eagle multi transport services Ltd.

The police alleged that sometime in 2007, the couple conspired to induce Pollen Corporation and Ms Ivy Hung to supply goods worth $1.1 million.

The police also alleged that the couple issued Hung and a dud cheque.

According to the police, the offence contravenes the provisions of section 97 of the penal code, section 1(1)(b) punishable under section 1(3) of Advanced Fee Fraud and Other Related Offences Act, 2006.

The defendant pleaded not guilty to the charge preferred against her.

Arguing on her bail application, her counsel Emeka Ebegolu, SAN told the court that the defendant was arrested over an offence which she did not commit.

He said the defendant is a nurse and mother of three and was arrested on March 11 when she went to drop her children at school.

“She can not be detained on a charge preferred against her husband, arrested and detained because her husband is at large.

”She is a beneficiary of an order made by a competent court on April 3 and release warrant, the husband is an applicant in the enforcement of right suit” he submitted.

He then urged the court to grant her bail.

Responding, the prosecution counsel, Abdulrashid Sidi, told the court that bail is granted if only the defendant would attend court.

He said bail is at the discretion of the court.

After listening to their submissions, Justice Kekemeke admitted her to bail in the sum of N50 million with two sureties in like sum.

He said one of the sureties must be a pastor of the defendant‘s church in Abuja or a village head or chief of her community.

The other surety according to the judge must be a blood relative of the defendant with gainful employment within the jurisdiction.

He then adjourned until May 29 for hearing. 

…urges citizens to report illegal activities to the Ministry

The Lagos State Government has apprehended 10 fake enforcement officials at Cele/Itire axis of the state. 

The apprehended persons; Ojo Oluwaseun, Rafiu Agbabiaka, Babatunde Ibrahim, Abiodun Olusegun, Daniel Olanrewaju, Aweda Kabiru, Olufowobi Michael, Olamilekan Olasupo, Bunmi James and Iyiola Shola(female) were caught carrying out unauthorized enforcement earlier today using different fake ID cards. 

The Permanent Secretary, Ministry of Transportation, Mr. Olawale Musa while addressing the Press, revealed that the arrest was made in response to complaints registered at the Ministry by concerned citizens. 

Mr Musa stressed that the suspects are not members of staff of the Ministry, adding that they will be made to face the full wrath of the law. 

He also disclosed that the tow trucks, Identification cards and other equipment owned by these people have been confiscated by the State Government. 

Expatiating on this, the Deputy Director, Public Affairs, Bolanle Ogunlola echoes the Ministry’s position which urged members of the public to report every illegality promptly, through the Ministry of Transportation’s designated phone lines;  09020004000 and   09020009000