NCC vs. MTN: AGF to determine Karl Toriola’s criminal charges
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The Nigerian Copyright Commission (NCC) has filed a criminal accusation of copyright infringement against MTN Nigeria Communications Limited and its CEO, Karl Toriola. The Office of the Attorney General of the Federation (AGF) has stated that it will make a decision on the case by October 2025.
After the case was summoned, Justice Mohammed Umar of the Federal High Court in Abuja was informed of this by AGF lawyer Aderonke Imana, Esq.
On July 8, 2024, the Federal High Court in Abuja granted the AGF permission to assume responsibility and conduct a review of the case against MTN Nigeria Communications Limited and its CEO, Karl Toriola, for alleged copyright infringement. This decision was made in response to a petition filed by the latter, as previously reported by Nairametrics.
The NCC filed the complaint, which is designated FHC/ABJ/CR/111/2024, against MTN Nigeria Communications Limited, Yahaya Maibe, Fun Mobile Limited, Nkeakam Abhulimen, and Karl Toriola, CEO of MTN Nigeria.
After the MTN CEO and others failed to show up for their scheduled arraignment and plea hearing, the matter was repeatedly postponed.
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Legal Conflicts
MTN and others were accused by the NCC of using several soundtracks as caller ringback tones without the original owners’ knowledge or consent.
Samuel Y. Udowo, an NCC employee, also testified in court that the Commission looked into a criminal copyright infringement charge against the defendants.
The staff claims that the issue stemmed from the use of Maleke Idowu Moye’s sound recordings and musical compositions as caller ringback tunes without getting his permission. He went on to say that the inquiry showed the defendants had violated copyright, which called for punishment.
Obafemi Ogaba, the attorney for MTN, submitted a motion requesting that the court reject jurisdiction over the case. Jackson, Etti & Edu, in their capacity as solicitors to Karl Toriola, MTN Nigeria Communications Plc, and another party, petitioned the AGF while the NCC matter was still pending.
They urged the AGF to take over the case from the NCC, citing attempts by Maleke Idowu Moye and the Commission to “embarrass” the CEO, damage MTN’s reputation, and destabilize the company’s business, including its share price.
The solicitors urged the AGF to examine the NCC’s case to “prevent abuse of legal process.” In a letter to the court dated June 19, 2024, the Director of Public Prosecutions of the Federation, OAGF, stated:
AGF lawyer Aderonke Imana, Esq., told Justice Inyang Ekwo during earlier hearings that the Attorney General of the Federation had directed her to take over the case in accordance with his constitutional authority, even though the matter was scheduled for plea.
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The judge postponed the matter for a plea at the request of the AGF attorney.
What happened in court
Imana informed Justice Umar during Wednesday’s court session that even though the AGF replaced the NCC, a petition filed by the nominal complainant had prompted a reexamination of the case.
- She added that the “OAGF, being an equal opportunity office, is awaiting a decision from the AGF” and she was directed to apologize to the court and seek a further adjournment due to the exigencies of the AGF’s office.
- She requested another date to communicate the AGF’s decision on the matter.
- Responding, Ogaba said his clients are optimistic that the AGF will soon decide on the criminal charge.
“We do appreciate the point that my learned friend has made and we hope that the decision (of the AGF) will be made soon so that the criminal charges hanging over these people will be over,” Ogaba added.
After hearing from the lawyers, the judge adjourned the case to October 22, 2025, for a report.
It is now within the purview of the AGF to either continue the case or discontinue the criminal charges against MTN and others.
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