The Federal High Court in Lagos has ordered Airtel Networks Limited to pay a total of N210 million for copyright infringement involving the unauthorised use of the song “Nigeria Go Survive.”
The ruling, delivered on Monday by Justice Ibrahim Ahmad Kala, includes N200 million in general damages and an additional N10 million to cover legal costs.
In a landmark judgment, the court also imposed mandatory and perpetual injunctions, barring Airtel, its management, agents, and successors from using the musical work for advertising, promotion, telemarketing, or any business purpose without the copyright owner’s consent.
Justice Kala specifically directed Airtel to immediately remove “Nigeria Go Survive” from its network playlists used in promotional campaigns, advertising, or telemarketing activities.
The judge noted that the company’s use of the song without authorisation constituted a violation of the Copyright Act and amounted to an infringement of the plaintiff’s rights.
The suit, registered as FHC/L/CS/1822/2022, was filed by the song’s producer, Veno Marioghae Mbanefo.
Represented by senior lawyer Clement Onwvenwunor, SAN, Mbanefo argued that Airtel had used her work without licence or attribution, thereby breaching statutory rights under Section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
After reviewing the evidence and submissions from both sides, the court concluded that the plaintiff had successfully proven her case on the balance of probabilities.
While the court rejected her alternative request for an account of profits, all primary reliefs — including damages and injunctive orders — were granted in her favour.
Justice Kala emphasised that perpetual injunctions are granted to protect the proprietary rights of copyright owners and to prevent continued violations.
In his ruling, he described Airtel’s actions as “restricted acts under the Copyright Act,” stressing that unauthorised use of copyrighted material for commercial purposes cannot be condoned.
The court ordered Airtel’s immediate removal of “Nigeria Go Survive” from all promotional and business channels.
Mandatory injunction preventing any reproduction or use of the song, or substantial parts of it, for business purposes.
Perpetual injunction to restrain Airtel from future unauthorised use.
Payment of N200 million in general damages and N10 million in costs to the plaintiff.
Airtel, represented by counsel led by Babatunde Amoo, had requested the suit be dismissed.
The court, however, upheld the plaintiff’s claims, reinforcing copyright protections and sending a clear message to corporate entities regarding the unauthorised use of artistic works.
The ruling is widely regarded as a significant win for intellectual property rights in Nigeria, particularly in the music and creative industries.
