Another NCC, this time the Nigerian Copyright Commission, has filed criminal charges against MTN Nigeria and its Chief Executive Officer, Ferdi Moolman, over alleged copyright infringement.
The company is still reeling under a hefty penalty slapped on it by the Nigerian Communication Commission (NCC) in October after it missed the deadline to disconnect 5.1 million SIM cards.
The copyright infringement charge, with number ABJ/CR/379/2015 filed in the Federal High Court, Abuja, was obtained by the News Agency of Nigeria (NAN) on Friday.
In the two-count-charge signed by NCC Prosecutor and Copyright Inspector, Marypauline Olere-Luma, MTN and Moolman were alleged to have infringed on copies of the musical work of an Abuja based musician, Dovie Omenuwoma-Eniwo (aka Baba 2010).
Specifically, the defendants were alleged to have “distribute, sell or let for hire or for the purposes of trade or business, expose or offer for sale 3009 infringing copies of the musical work” of Baba 2010.
The musical works allegedly infringed upon by the defendants included ‘Omotena’, ‘Gentleman’, ‘Christian’ and ‘Unity Song’.
The offences, according to the charge, are contrary to and punishable under Section 20 (2)(a) and 20 (2)(b) of the Copyright Act, Cap C28 Laws of the Federation 2004.
No date has been fixed for the hearing of the case.
MTN had on Thursday announced it was proceeding on a legal action against the Nigerian Communications Commission over a revised fine of N780 billion slammed on it for failing to deactivate unregistered SIM cards by an August 2015 deadline.
The initial figure of N1.04 trillion was reduced early in December, according to the NCC, in the interest of the stability of the telecoms industry.
A statement by the South Africa-owned mobile company said “MTN Nigeria acting on legal advice has resolved that the manner of the imposition of the fine and the quantum thereof is not in accordance with the NCC’s powers under the Nigerian Communications Act and therefore there are valid grounds upon which to challenge the fine.
“Accordingly MTN has followed due process and has instructed its lawyers to proceed with an action in the Federal High Court in Lagos seeking the appropriate reliefs.”
The company however said, notwithstanding this action, it will “continue to engage with the Nigerian authorities to try and ensure an amicable resolution in the best interests of the company, its stakeholders and the Nigerian authorities.”
NCC had given the company a December 31, 2015 to pay the fine.
