MTN loses bid to stop copyright infringement

A Federal High Court, Abuja, on Thursday held that MTN Nigeria and its Chief Executive Officer, Ferdi Moolman, must face trial over alleged copyright infringements, notwithstanding
settlement with a complainant.

Justice Nnamdi Dimgba gave the ruling in an application filed by an Abuja based musician, Dovie Omenuwoma-Eniwo (a.k.a. Baba 2010) seeking a withdrawal of his complaint against MTN over alleged copyright infringement on his works.
The News Agency of Nigeria (NAN) recalls that the Nigeria Copyright Commission (NCC) had filed a two-count-charge against MTN and Moolman flowing from the petition by Baba 2010.
However, following settlement and restitution by MTN over the infringement, Baba 2010 had asked for the withdrawal of his petition and the charge against the defendants.
In his decision, the judge held that the complainant had the right to withdraw his petition, but the withdrawal would not vitiate the criminal charge against MTN and Moolman.



“I hold that the withdrawal of the petition cannot per force terminate the criminal trial.
“The withdrawal of the petition and perhaps the consent judgment reached by the parties only regulates the parties’ obligations in relation to matters strictly within their control.
“The charge before the court relates to criminal proceedings, which is not affected by the civil arrangements reached between the applicant and MTN.