F.H.C IN ABUJA,HELD TODAY THAT MTN NIGERIA MUST FACE TRIAL OVER AN ALLEGED COPYRIGHT INFRINGEMENT.

                                                    Today thursday,a Federal High Court in Abuja held that MTN Nigeria and its Chief Executive Officer,Ferdi Moolman,must face trail over the alleged copyright infringements,notwithstandin settlement with a complainant.Justice Nnamdi Dimgba gave the ruling in an application filed by an Abuja based musician,Dovie Omenuwoma-Eniwo a.k,a Baba 2010,seeking a withdrawal of his complaint against MTN over alleged copyright infringement on his works.NAN recalls that the Nigeria Copyright Commission {NCC} had filed a two count charge against the defendants.In his decision,the judge held that the complainant had the right to withdraw his petition,but the withdrawal would not vitiate the criminal charge against MTN and Moolman.''I hold that the withdrawal of the petition cannot per force terminate the criminal trial.The withdrawal of the petition and perhaps the consent judgement reached by the parties only regulates the parties obligations in relation to matters strictly within their control.The charge before the court relates to criminal proceedings,which is not affected by the civil arrangements reached between the applicant and MTN.The judge held that the copyright Act as passed by the National Assembly makes violation of intellectual rights subject of criminal proceedings irrespective of the rights of the copyright owner.According to him,section 24 of the Act provides that criminal and civil actions can be taken simultaneously in respect of the same infringement under the law.He said the discretion to prosecute or not was that of the NCC,the appropriate law enforcement agency.''I hold that in a situation such as the present one where a copyright owner has withdrawn his petition having settled his differences with the alleged violator,the discretion at all events remains that of the prosecution.Indeed,it is a settled principle of law that criminal offences are against the state.Until the state has exercised its discretion not to prosecute,the settlement between a nominal complainant and the accused person ought not to affect the criminal proceedings''.The judge dismissed the application by Baba 2010 and adjourned until April   11 for the trial of MTN and Moolnan.One more photo below.