A Federal High Court sitting in Lagos has slammed Airtel Network Limited with a total of N210 million in damages for the unlawful use of a musical work titled “Nigeria Go Survive”.
Justice Ibrahim Ahmad Kala, while delivering judgment in suit No. FHC/L/CS/1822/2022, ruled that Airtel infringed on the copyright of the producer of the song, Veno Marioghae Mbanefo, by using the work for advertising, promotion and telemarketing without obtaining the required licence or authorisation.
The court held that Airtel’s action amounted to engaging in “restricted acts” in the use of the plaintiff’s musical work, thereby violating her copyright.
Beyond the monetary award, Justice Kala also issued a mandatory injunction directing Airtel, its management, agents, servants, privies, successors-in-title and assignees to remove the song “Nigeria Go Survive” or any substantial part of it from its list of songs used for advertising, business, telemarketing and promotional purposes among its subscribers forthwith.
The judge further granted a perpetual injunction restraining Airtel and its representatives from further using the plaintiff’s musical work for advertisement, promotion and telemarketing of its products and services to its millions of subscribers without licence or authorisation.
Mbanefo, through her legal team led by Clement Onwvenwunor (SAN), had asked the court to declare that Airtel’s use of the song without naming her as author or copyright owner breached her statutory right under Section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
She also requested declarations that Airtel’s use of the work without consent amounted to copyright infringement, alongside monetary compensation including N200 million as general damages, additional damages for violation of statutory rights, and aggravated damages for what she described as unlawful and flagrant infringement.
In the alternative, the plaintiff asked the court to compel Airtel to render account of profits allegedly made from the infringement, under the supervision of the Nigerian Communications Commission (NCC), and to pay proceeds to her.
In his ruling, Justice Kala said the plaintiff successfully proved her claims on the balance of probability, and granted reliefs in her favour.
He awarded N200 million as general damages against Airtel for the loss occasioned by the infringement, and further assessed N10 million as cost of action, bringing the total judgment sum to N210 million.
The judge explained that the cost award reflected the trouble the plaintiff underwent to protect her copyright, and factors considered included the fees paid, duration of the case, legal representation, expenses incurred, and the value of the naira at the time of judgment.
However, the court refused the alternative prayer sought by the plaintiff.
