‘Nigeria Go Survive’: Court Slams Airtel with ₦210m Damages for Copyright Infringement

LAGOS, NIGERIA – In a landmark victory for intellectual property rights in Nigeria, the Federal High Court in Ikoyi has ordered telecommunications giant Airtel Network Limited to pay ₦210 million in damages for the unauthorised use of the iconic 1985 hit song, ‘Nigeria Go Survive.’


The court, presided over by Justice Ibrahim Ahmad Kala, handed down the verdict on Monday, finding Airtel liable for exploiting the classic anthem produced by veteran musician, Veno Marioghae Mbanefo.


The suit designated (FHC/L/CS/1822/2022), instituted by Mbanefo through her counsel, Clement Onwvenwunor (SAN), alleged that Airtel used the song, a national symbol of hope, for advertising, telemarketing, and promotional activities without obtaining a valid licence or even acknowledging the author.


The plaintiff argued that Airtel’s actions were a direct breach of statutory rights under Section 12 of the Copyright Act


While Airtel’s legal team, led by Babatunde Amoo, moved for the case to be dismissed, Justice Kala ruled that Mbanefo had successfully proven her case.


The court specifically directed that ₦200,000,000 should be paid as general damages for the loss and infringement of copyright, and ₦10,000,000 should be paid as legal costs and expenses incurred during the litigation.


Justice Kala noted that the cost assessment considered the duration of the case and the current purchasing power of the Naira


However, the court declined a secondary request for a full account of the profits Airtel generated from the infringement.


Beyond the financial penalty, the court issued a mandatory and perpetual injunction such that Airtel, its agents, and its successors are now strictly prohibited from reproducing the song or any substantial portion of it, and using the track for any business, telemarketing, or promotional purposes across its network.


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