A Federal High Court in Lagos has ordered Airtel Networks Limited to pay ₦210 million in damages for unlawfully using the musical work “Nigeria Go Survive.”
Delivering judgment on Monday in suit FHC/L/CS/1822/2022, Justice Ibrahim Kala ruled that Airtel’s use of the song without licence or authorisation constituted a clear case of copyright infringement. The suit was filed by the song’s producer, Veno Marioghae Mbanefo.
The court held that Airtel reproduced and deployed the song, or substantial portions of it, for advertising, promotional, and telemarketing purposes across its vast subscriber base without obtaining the consent of the copyright owner.
Justice Kala declared that Airtel’s actions violated Mbanefo’s exclusive rights under the Copyright Act, stressing that the telecoms company had no legal authority to use the work in its business operations.
As compensation, the court awarded ₦200 million as general damages for the losses suffered by the plaintiff, alongside ₦10 million as cost of action, bringing the total award to ₦210 million.
Beyond monetary damages, the court issued both mandatory and perpetual injunctions against Airtel. The mandatory injunction directs the company, its officers, agents, and affiliates to immediately stop reproducing or using the song for advertising or promotional activities. The perpetual injunction further restrains Airtel from any future unauthorised use of the musical work.
Mbanefo, through her legal team led by Clement Onwvenwunor (SAN), had argued that Airtel used the song without crediting her as its author and without her consent, thereby breaching her statutory rights.
Although the plaintiff also requested an order compelling Airtel to account for profits allegedly made from the infringement, under the supervision of the Nigerian Communications Commission, the court declined that relief.
Airtel, represented by Babatunde Amoo, had asked the court to dismiss the suit. However, Justice Kala, after reviewing the evidence and arguments presented, held that Mbanefo successfully proved her case on the balance of probability and was entitled to relief.
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