By Ayomide Otitoju
Justice Ibrahim Ahmad Kala of the Federal High Court, Lagos, has ordered Airtel Network Limited to pay a total of N210 million in damages for unlawfully using the musical work Nigeria Go Survive without authorization.
The ruling also included a mandatory and perpetual injunction restraining Airtel, its agents, and successors from reproducing, broadcasting, or using the song, or any substantial part of it, for advertising, telemarketing, or promotional purposes without the consent of the copyright owner.
The judgment, delivered in suit FHC/L/CS/1822/2022, followed a claim by the song’s producer, Veno Marioghae Mbanefo, who alleged that Airtel used her work to promote its business to millions of subscribers without a license, consent, or acknowledgment of authorship.
Justice Kala declared that Airtel’s actions constituted a breach of copyright under Section 12 of the Copyright Act, emphasizing that the infringement was “unlawful and flagrant.” The court awarded N200 million as general damages for copyright violation and N10 million for legal costs.
The plaintiff, represented by Clement Onwvenwunor (SAN), had also sought an order requiring Airtel to account for profits earned from the unauthorized use of the song. However, the court declined this alternative prayer.
Airtel, through its legal team led by Babatunde Amoo, had asked the court to dismiss the case, but the judge, after examining all evidence and submissions, ruled entirely in favor of the plaintiff.
The judgment underscores the legal protections afforded to creators and the consequences of copyright infringement, particularly in the digital and telecommunications sectors.
