Court Orders Airtel to Pay N210m in Copyright Infringement Case

A Federal High Court in Lagos has ordered Airtel Networks Limited to pay N210m in damages for the unauthorised use of a musical work titled “Nigeria Go Survive.”

Delivering judgment on Monday in suit no. FHC/L/CS/1822/2022, Justice Ibrahim Kala ruled in favour of the song’s producer, Veno Marioghae Mbanefo, holding that Airtel’s use of the work without licence or authorisation constituted copyright infringement.

The judge declared that Airtel’s use of the song, or any substantial part of it, for advertising, promotional, and telemarketing purposes to its subscribers without the consent of the copyright owner amounted to a breach of Mbanefo’s rights.

Justice Kala awarded N200m as general damages for the infringement and an additional N10m as cost of action, bringing the total sum to N210m.

In addition to the monetary award, the court granted both mandatory and perpetual injunctions against the telecommunications company. The judge ordered Airtel, its agents, and affiliates to immediately stop reproducing or using the musical work for advertising, business, telemarketing, or promotional activities. The company was also permanently restrained from any future unauthorised use of the song.

Mbanefo, through her legal team led by Clement Onwvenwunor (SAN), had asked the court to declare that Airtel’s use of the song without her consent or proper credit violated her rights under the Copyright Act. She also sought damages and, in the alternative, an order directing Airtel to account for profits allegedly earned from the infringement under the supervision of the Nigerian Communications Commission.

Airtel, represented by a legal team led by Babatunde Amoo, had urged the court to dismiss the suit. However, Justice Kala, after evaluating the evidence and arguments presented, held that the plaintiff had successfully proved her case on the balance of probability.

While the court declined the request for an account of profits, it upheld Mbanefo’s claims on copyright infringement, damages, and injunctive relief.