Barely four years after Nigerian musician and entertainer Veno Marioghae-Mbanefo filed a lawsuit against telecommunications company Airtel over the unauthorised use of her hit song, “Nigeria Go Survive,” the court has delivered its judgment.
On 20 April 2022, PREMIUM TIMES reported that Airtel was using the singer’s song to promote and advertise the music reality show “The Voice Nigeria,” which Airtel currently sponsors.
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In suit no. FHC/L/CS/1822/2022, Justice Ibrahim Kala of the Federal High Court, Ikoyi, Lagos, awarded N210 million in damages against Airtel for copyright infringement.
According to a Tuesday report by the Punch, Justice Kala awarded N200 million as general damages and N10 million for the cost of the action.
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The judge said: “It is hereby declared that the defendant’s engaging in the restricted acts in the use of the plaintiff’s musical work titled ‘Nigeria Go Survive’ or any substantial part of it for advertisement, promotion, and telemarketing of its business, products and services to the millions of its subscribers or customers without licence and/or authorisation amounts to infringement of the copyright of the plaintiff in the work.”
Prohibition
Furthermore, Justice Kala issued an injunction preventing Airtel from using ‘Nigeria Go Survive’ or any significant portion of the song in its advertising, business, telemarketing, or promotional activities, effective immediately.
“An order of perpetual injunction is hereby granted restraining the defendant from further engaging in the restricted acts in the use of the plaintiff’s musical work without licence and/or authorisation of the plaintiff,” the judge said.
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The singer, through her legal team led by Clement Onwvenwunor, requested that the court declare Airtel’s use of her song without crediting her as the author and without her consent a violation of her statutory rights under the Copyright Act.
She also sought damages and, in the alternative, asked the court to order Airtel to account for any profits allegedly earned from the infringement under the supervision of the Nigerian Communications Commission.
Airtel, represented by a legal team led by Babatunde Amoo, urged the court to dismiss the case.
After reviewing the evidence and the arguments presented by both sides, Justice Kala ruled that the plaintiff proved her claim on the balance of probabilities and established a strong case.
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The judge rejected the singer’s alternative request for an account of profits but upheld her primary claims for copyright infringement, damages, and injunctive relief.
Mrs Marioghae-Mbanefo’s hit song “Nigeria Go Survive,” released in 1984, became an anthem of hope at a time when the country was grappling with widespread corruption, decaying infrastructure, and significant brain drain.
The song, released under the Tabansi Records label, featured the late Nollywood icon Enebeli Elebuwa in its video, highlighting the struggles Nigerians face when considering leaving the country.
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