The Federal High Court in Abuja has scheduled May 28 for the Federal Competition and Consumer Protection Commission (FCCPC) to arraign Karl Toriola, the Managing Director and CEO of MTN Nigeria Communications Plc, alongside other top executives, on a two-count charge related to an alleged breach of the FCCPC Act.

Others named as defendants in the case FHC/ABJ/CR/354/2024 include:

• MTN Nigeria Communications Plc
• Tobechukwu Okigbo, Chief Corporate Services and Sustainability Officer
• Ikenna Ikeme, General Manager, Regulatory Affairs

The prosecution alleges that the defendants failed to provide vital documents and information requested by the Federal Government through the FCCPC. The case will be heard by Justice H.J. Yilwa, with the charge filed by a legal team led by Mr. Akoji Achimugu.

In a separate case, the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, has moved to take over a three-count charge filed against MTN by the Nigerian Copyright Commission (NCC).

The case, marked FHC/ABJ/CR/111/2024, lists the following as defendants:
Karl Toriola, MTN’s CEO
Nkeakam Abhulimen, MTN Senior Executive Officer
Fun Mobile Ltd, a telecommunications service provider
Yahaya Maibe, CEO of Fun Mobile Ltd

According to the NCC, the defendants allegedly offered for sale and commercially exploited the musical works of Nigerian artist Maleke Moye between 2010 and 2017, without his consent. The works, used as caller ring back tunes, include:
911
Minimini-Wana Wana
Stop Racism
Ewole
911 Instrumental
Radio
Low Waist
No Bother

The NCC further alleges that the defendants illegally distributed these works to subscribers without authorization, violating the artist’s copyright. The alleged offenses are punishable under Section 20 (2) (a), (b), and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

Following the AGF’s request to take over the case, Justice Inyang Ekwo has adjourned the matter to May 15.