The Federal High Court sitting in Lagos has ordered Airtel Networks Limited to pay ₦210 million in damages for the unauthorised use of a musical work titled “Nigeria Go Survive.” Justice Ibrahim Ahmad Kala, who delivered the judgment on Monday, held that Airtel infringed the copyright of the song’s producer by deploying it for advertising and promotional purposes without licence or consent, in clear violation of Nigeria’s Copyright Act.
The damages awarded comprise ₦200 million as general damages and ₦10 million as litigation costs, taking into account the duration of the case, legal expenses and prevailing economic conditions.
Beyond the financial penalty, the court issued mandatory and perpetual injunctions restraining Airtel, its management, agents and assigns from reproducing, broadcasting or otherwise using the song—or any substantial part of it—for advertising, telemarketing or business promotions without proper authorisation.
Justice Kala further ordered Airtel to immediately remove “Nigeria Go Survive” from all advertising, promotional and business content across its telecommunications network.
Background & Context
The lawsuit, marked Suit No: FHC/L/CS/1822/2022, was instituted by Veno Marioghae Mbanefo, the producer and copyright owner of the song. She argued that Airtel’s use of the work without attribution or licence breached her statutory rights under Section 12 of the Copyright Act, Cap C28, Laws of the Federation of Nigeria 2004.
During trial, the plaintiff’s legal team, led by Clement Onwvenwunor, SAN, tendered documentary and audiovisual evidence to establish unauthorised commercial exploitation of the song by the telecoms company.
Court’s Findings and Ruling
In resolving the sole issue for determination, the court held that the plaintiff successfully proved her case on the balance of probabilities. Justice Kala ruled that Airtel’s actions amounted to restricted acts under the Copyright Act, thereby constituting infringement.
The judge explained that a perpetual injunction becomes appropriate once infringement is established, as it serves to protect the proprietary rights of the copyright holder and prevent further unlawful use.
Defence and Outcome
Airtel Networks Limited, represented by counsel led by Babatunde Amoo, urged the court to dismiss the suit. However, after evaluating all exhibits and submissions, the court resolved every material issue in favour of the plaintiff.
While the court declined the plaintiff’s alternative request for an account of profits allegedly made from the infringement under the supervision of the Nigerian Communications Commission (NCC), it granted all substantive reliefs relating to infringement, damages and injunctive orders.
Impact / What It Means
The judgment reinforces the strict protection of intellectual property rights in Nigeria, particularly against large corporate entities. Legal experts say the ruling sends a strong signal to advertisers, brands and telecom operators that unauthorised use of creative works can attract heavy financial penalties and permanent restrictions, strengthening confidence among musicians and content creators.
