The Federal High Court in Lagos has dismissed a N1 billion copyright and breach-of-confidence suit filed against MTN Nigeria Communications Plc by Walls and Gates Ltd and its Managing Director, Okechukwu Udeichi, over the telecom firm’s 20th anniversary promotion.
In a certified true copy shared with PREMIUM TIMES on Sunday, the judge, Ayokunle Faji, held on 6 January that the plaintiffs failed to prove that MTN infringed any copyright or breached confidential information related to their “20 For 20” proposal.
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The court also awarded N3 million in costs against the plaintiffs, describing the suit as frivolous and vexatious.
How the case started
Walls and Gates Ltd and Mr Udeichi had asked the court to declare that MTN’s 20th anniversary promotion, tagged “20 For 20,” violated their copyright and confidential information.
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They claimed MTN unlawfully exploited their intellectual property, entitling them to N1 billion in damages.
Alternatively, the plaintiffs sought an order requiring MTN to account for all revenue generated from the promotion and pay them 50 per cent.
They also demanded that MTN cover the full cost of the suit.
The plaintiffs were represented by lawyers J. Ehiedu and K. Olajide.
MTN’s defence
Through lawyers O. Agaba and J. Nsorom, MTN denied the claims.
The company argued that the proposal was an unsolicited business idea that created no contractual or confidential obligation.
It said its 20th anniversary programme was independently developed and that the plaintiffs’ document contained only a general business concept, which is not protected under Nigerian copyright law.
MTN also said the plaintiffs lacked a valid trademark, and there was no evidence that the company accessed or copied their work.
The company argued that simply labeling a document “confidential” does not create legal confidentiality, especially since the plaintiffs had previously submitted the proposal to the Nigerian Copyright Commission and circulated it to other organisations.
According to MTN, the plaintiffs’ “20 For 20” idea was not copyrightable because Nigerian law protects only original expressions, not business concepts or ideas.
The firm said the promotion was independently created by its marketing team, and there was no evidence that the plaintiffs’ document influenced MTN’s planning.
No confidential relationship, no copyright breach – Court
The judge, Mr Faji, noted that the plaintiffs had conceded their trademark claim, leaving only allegations of breach of confidentiality and copyright infringement.
On confidentiality, the court held that no confidential relationship existed. The proposal had already been placed in the public domain through submissions to the Nigerian Copyright Commission and circulated to other companies.
The court said MTN was under no legal obligation to respond to an unsolicited proposal in the absence of any contract or non-disclosure agreement.
Regarding copyright, the judge ruled that registration with the copyright commission does not confer copyright.
He noted that Nigerian law protects original expression, not ideas or business concepts. The plaintiffs’ “20 For 20 Millennium Promotion” was merely a plan to reward customers during an anniversary celebration and lacked originality.
Mr Faji also observed that MTN’s use of “MTN 20th Anniversary” was a natural description and did not infringe any protectable work.
He noted evidence that similar reward initiatives had been implemented by MTN affiliates in other countries prior to the plaintiffs’ proposal.
Describing the suit as a “gold-digging exercise,” the judge criticised the plaintiffs for using MTN’s trademark in their proposal without authorisation and attempting to base a billion-naira claim on the same document.
He said the case wasted judicial time and stressed that courts should be approached only with suits that have prima facie merit.
The court dismissed the suit in its entirety and ordered the plaintiffs to pay N3 million in costs to MTN.
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