A musician, Maleke Moye has alleged injustice in the takeover by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, of the ongoing trial of MTN Nigeria and its CEO for alleged copyright infringement.
The musician said that the minister’s directive for the
prosecuting agency, Nigeria Copyright Commission (NCC), to hands off the trial
and forward the case file to his (AGF) office portends impending dangerous
precedence.
Moye’s position is contained in a press release issued by
his lawyer, Rockson Igelige, which was made available to newsmen on Saturday in
Abuja.
It will be recalled that NCC filed criminal charges against
MTN Nigeria Communications Ltd, Karl Toriola, its Chief Executive Officer
(CEO), Nkeakam Abhulimen, Fun Mobile Ltd. 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 artiste.
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, NCC prosecution lawyer, Gladys Ojo had accused MTN Nigeria’s CEO,
Toriola, 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 that, “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, obtained by the News Agency of Nigeria (NAN), 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 act of infringement”
MTN said it complied with the provision of applicable laws
in the musician songs and did not connive with any person to defraud or violate
the right 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.
“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 the 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,” the letter
read in part.
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”.
“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.
“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’s lawyer said.
He called on the AGF 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. NAN
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