Court Orders Airtel To Pay N210Million For Unauthorised Use Of Veteran Singer Veno Marioghae ‘Nigeria Go Survive’

The Federal High Court, Ikoyi, has ordered Airtel Nigeria to pay Two Hundred and Ten Million Naira (N210 million) to Veno Marioghae Mbanefo for copyright infringement.

Presiding Judge Honourable Justice Ibrahim Kala handed down the judgment after finding that Airtel Nigeria unlawfully used Mbanefo’s song, “Nigeria Go Survive,” without her authorisation.

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

In September 2022, the singer sued the telecommunications company, Airtel Network Limited for “unauthorised use” of her musical work.

In a statement 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, using their telemarketing numbers, without my permission.

“Following the discovery, I contacted my lawyer, Rockson Igelige of Felix, Igelige and Associates, who promptly wrote to them. Rather than look into our authentic claim, they responded by not only denying all culpability, but also defamed me and threatened criminal charges against me.

“We then took our case, backed by our witnesses, IT & Evaluation Specialist and evidence, to the Nigeria Copyright Commission which began an investigation into our claim.

“While the criminal investigation into our claim is still on, my lawyers and I are, however, filing a civil suit against Airtel on 23/9/22 at the Federal High Court, Ikoyi, Lagos to show how they have flagrantly not only infringed on my copyright by using my song without permission, but have also brazenly denied all responsibility, despite all evidence.

The veteran artiste earlier in a letter to the Chief Executive Officer of Airtel Network Limited, Ikoyi, Lagos, accused the telecoms company of using her song, ‘Nigeria Go Survive’ to promote its TV app and ‘The Voice Nigeria’, without her permission.

The letter signed by her lawyer, R. A. Igelige Esq asked the telecoms company to “cease and desist forthwith from further infringing on the copyright of our Client to the aforementioned musical work”.

It also asked Airtel to “pay to our client the sum of N50,000,000 (Fifty Million Naira) for the unauthorised commercial and also derogatory use of her musical work”.

“Take notice that if we do not receive an adequate response within 21 days of receipt of this letter, we shall take all proper steps to seek legal remedy for our Client, including legal action for injunctive relief, criminal charges and damages, without further notice to you.

“We look forward, however, to your prompt response towards an amicable resolution of this matter,” it added.

The letter read in part, “We are solicitors to Veno Marioghae Mbanefo (our Client), a musician and entertainer residing in Lagos and we write this letter on her behalf.

“Our Client is the author and copyright owner of the musical work entitled ‘Nigeria Go Survive’ being used by your Mobile Network Company (Airtel) to promote your TV app, and also to promote ‘The Voice Nigeria.’

“Our Client’s attention has been drawn to your use, without permission or licence, of her aforementioned musical work. Specifically, you have appropriated the work to promote your TV app and also used it to advertise ‘The Voice Nigeria.’”

“By not obtaining our Client’s prior permission or licence before engaging repeatedly in this act or acts, your company’s conduct is a flagrant and deliberate infringement of her copyright. It also amounts to stealing and wilful deprivation with the intent to unjustly enrich your company and deny our Client of the legitimate fruits of her labour, thereby inflicting hardship on her,” her lawyer added.