Court orders Nigeria’s Airtel to pay N210 million for unauthorized use of veteran singer Mbanefo’s ‘Nigeria Go Survive’

this The Federal High Court in Ikoyi has ordered Airtel Nigeria to pay Veno Marioghae Mbanefo N201 million (N210 million) for copyright infringement.

The presiding judge, Judge Ibrahim Kara, delivered the verdict Airtel Nigeria was found to have illegally used Mbanefo’s song “Nigeria Go Survive” without her authorization.

The ruling marks a major legal victory for the artist and highlights the enforcement of intellectual property rights in Nigeria’s entertainment industry.

In September 2022, the singer sued telecommunications company Airtel Network Limited for “unauthorized use” of her music.

In a statement sent to SaharaReporters at the time, the veteran singer said she “found out a few months ago that Airtel had been using my song ‘Nigeria Go Survive’ to market their products without my permission and using their telemarketing number.

“Upon discovering this fact, I contacted my attorney, Rockson Igelige of Felix, Igelige and Associates, who immediately wrote to them. Instead of investigating our true claims, they not only denied all culpability, but defamed me and threatened me with criminal charges.

“We then took our case, supported by witnesses, information technology and assessment experts and evidence, to the Nigerian Copyright Commission, which began an investigation into our claims.

“While the criminal investigation into our claims is still ongoing, my lawyers and I will be filing a civil lawsuit against Airtel on September 23, 2020 at the Federal High Court in Ikoyi, Lagos to show that they have not only blatantly infringed my copyright by using my song without permission, but have blatantly denied all liability despite all evidence.”

The veteran entertainer earlier in a letter to the CEO of Airtel Network Limited in Ikoyi, Lagos, accused the telecommunications company of using her song “Nigeria Go Survive” to promote its TV app and “The Voice Bulgaria” without her permission.

The letter signed by her lawyer RA Igelige Esq demands that the telecommunications company “immediately cease further infringement of our client’s copyright in the said musical works”.

It also demanded that Airtel “pay N50,000,000 (Fifty Million Naira) to our customers for the unauthorized commercial and derogatory use of her musical compositions”.

“Please note that if we do not receive an adequate response within 21 days of receipt of this letter, we will take all appropriate steps to pursue legal remedies for our client, including taking legal action seeking injunctive relief, criminal charges and damages without prior notice.

“However, we look forward to your prompt response to resolve the matter amicably,” it added.

The letter reads in part: “We are the lawyers for Veno Marioghae Mbanefo (our client), a musician and entertainer living in Lagos, and we write this letter on her behalf.

“Our client is the author and copyright holder of a musical composition entitled “Nigeria Survival” which is used by your mobile network company (Airtel) to promote your TV application and promote the “Sound of Nigeria”.

“It has come to our client’s attention that you have used her aforementioned musical composition without permission or permission. Specifically, you have appropriated the composition to promote your television application and used it to promote The Voice of Nigeria.”

Her attorneys added: “Without obtaining our client’s prior consent or permission before repeatedly engaging in such conduct, your company’s conduct is a flagrant and willful infringement of her copyright. It also constitutes theft and intentional deprivation with the intent to unfairly enrich your company and deprive our client of the legitimate fruits of her labor, thereby causing hardship to her.”