Court Imposes N210 Million Fine on Airtel for Unauthorized Use of ‘Nigeria Go Survive’ Song

The Federal High Court in Lagos imposed a fine of N210 million on Airtel Networks Limited on Monday due to the company’s unauthorized usage of a musical piece titled "Nigeria Go Survive."

This ruling included N200 million designated for general damages and an additional N10 million for legal costs. Moreover, the court issued mandatory and permanent injunctions preventing Airtel, along with its management, agents, and any associated parties, from reproducing or utilizing the song, or significant portions of it, for any advertising, promotion, telemarketing, or commercial purposes without the permission of the copyright holder.

Justice Ibrahim Ahmad Kala mandated that Airtel must immediately cease using "Nigeria Go Survive" in their advertising and promotional efforts across all platforms.

The judge determined that Airtel’s actions constituted restricted acts under the Copyright Act, thus infringing upon the copyright holder’s rights.

This legal judgment was made in case No: FHC/L/CS/1822/2022, which was initiated by the song’s producer, Veno Marioghae Mbanefo. Upon reviewing the evidence, the court confirmed that the plaintiff's claims were valid based on the preponderance of evidence.

Justice Kala noted that granting a perpetual injunction is appropriate once infringement is verified, as it is crucial for safeguarding the rights of copyright owners and preventing further violations.

Accordingly, the court outlined several orders: that Airtel’s unauthorized employment of "Nigeria Go Survive" for various commercial and promotional activities constituted a breach of copyright law; a mandatory injunction barring Airtel from further reproduction or use of the song for business purposes; and a perpetual injunction against any additional unauthorized uses.

The court awarded N200 million to the plaintiff as restitution for losses incurred due to the infringement and an additional N10 million accounting for the prolonged duration of the trial, legal representation, incurred expenses, and the current value of the naira.

In the suit filed by her legal representatives, led by Clement Onwvenwunor, SAN, the plaintiff sought declarations confirming Airtel’s unauthorized use of the song violated her statutory rights as outlined in Section 12 of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

She also requested significant damages due to the copyright infringement and, in an alternative motion, sought an order for Airtel to disclose profits reportedly gained from the infringement under the oversight of the Nigerian Communications Commission (NCC).

Airtel’s legal team, led by Babatunde Amoo, asked the court to reject the plaintiff’s claims. However, after examining the documents and the arguments presented by all sides, Justice Kala ruled in favor of the plaintiff.

Although the court denied the plaintiff’s request for an accounting of profits, it granted the primary reliefs concerning infringement, damages, and injunctions.