The Office of the Attorney General of the Federation (AGF) has formally withdrawn the criminal copyright infringement charges earlier instituted against MTN Nigeria Communications Plc, its Chief Executive Officer, Karl Toriola, and company executive Nkeakam Abhulimen.
The withdrawal was announced before Justice Umar Mohammed of the Federal High Court, Abuja, during proceedings scheduled for the AGF’s legal team to update the court on the status of the matter.
It will be recalled that on 8 July 2024, the Federal High Court granted the AGF leave to take over and review the case originally filed by the Nigerian Copyright Commission (NCC), following a petition by MTN. The case, marked FHC/ABJ/CR/111/2024, had listed MTN, Toriola, Abhulimen, Fun Mobile Limited, and Yahaya Maibe as defendants.
The NCC had alleged that the defendants unlawfully deployed several musical works and sound recordings—including those of artist Maleke Idowu Moye—as caller ringback tones without authorization. An NCC officer, Samuel Y. Udowo, deposed to an affidavit asserting that investigations confirmed copyright violations.
MTN, through its counsel Obafemi Agaba, challenged the competence of the charge and urged the court to decline jurisdiction. In addition, MTN’s solicitors, Jackson, Etti & Edu, petitioned the AGF, alleging that the NCC’s prosecution was calculated to embarrass its CEO, damage the company’s reputation, and destabilize its business operations. They further urged the AGF to intervene to forestall abuse of legal process.
Upon review, the AGF represented in court by G.C. Nweze, withdrew the names of MTN, Toriola, and Abhulimen from the charge, leaving only Fun Mobile Limited and Yahaya Maibe as defendants in the amended information. The application was not opposed by MTN’s counsel.
Consequently, Justice Umar struck out the names of the first three defendants and adjourned the matter for continuation against the remaining parties.
This development effectively clears MTN Nigeria and its executives from the criminal proceedings initiated by the NCC. It also underscores the AGF’s constitutional authority under Section 174 of the 1999 Constitution (as amended) to take over, continue, or discontinue criminal proceedings instituted by any federal agency.
