Karl Toriola, the Managing Director and Chief Executive Officer of MTN Nigeria Communications Plc, alongside other senior executives, is set to face arraignment on May 28, 2025, before Justice H.J. Yilwa of the Federal High Court in Abuja.
The Federal Competition and Consumer Protection Commission (FCCPC) has charged Toriola, MTN Nigeria, Chief Corporate Services and Sustainability Officer Tobechukwu Okigbo, and General Manager of Regulatory Affairs Ikenna Ikeme with alleged breaches of the FCCPC Act. The accusations stem from their purported failure to comply with a lawful summons requiring the submission of documents and information.
The News Agency of Nigeria (NAN) reports that the case, marked FHC/ABJ/CR/354/2024, lists MTN Nigeria Communications Plc as the first defendant, with Toriola, Okigbo, and Ikeme named as the second, third, and fourth defendants, respectively.
The two-count charge, dated July 19, 2024, and filed on July 22, 2024, by a legal team led by Akoji Achimugu, alleges non-compliance with FCCPC regulations. During a prior court session, FCCPC counsel Chizenum Nsitem informed Justice Yilwa that the defendants were absent. Nsitem, recently briefed on the case, requested additional time to review the file, prompting the judge to adjourn the matter to May 28, 2025.
Copyright Commission sues MTN Nigeria for alleged copyright infringements
In a separate legal battle, the Nigerian Copyright Commission (NCC) has instituted a copyright infringement suit against MTN Nigeria, Toriola, Senior Executive Officer Nkeakam Abhulimen, Fun Mobile Ltd, and its CEO Yahaya Maibe. Filed on March 20, 2024, before Justice Inyang Ekwo and marked FHC/ABJ/CR/111/2024, the three-count charge accuses the defendants of infringing on the musical works of artiste Maleke Moye between 2010 and 2017.
The NCC alleges that the defendants “offered for sale, sold, and traded for business” Moye’s copyrighted songs without his consent or authorization.
The infringed works reportedly include “911,” “Mini Mini-Wana Wana,” “Stop Racism,” “Ewole,” “911 instrumental,” “Radio,” “Low Waist,” and “No Bother.”
According to the prosecution, these songs were used as “caller ring-back tunes” and distributed to subscribers without permission. The Nigerian Copyright Commission further claims the defendants possessed Moye’s works for purposes other than personal or domestic use, constituting offences punishable under Section 20 (2) (a), (b), and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.
Justice Ekwo previously adjourned this case to May 15, 2025, following indications of the Attorney-General of the Federation’s interest in assuming control of the prosecution.
The FCCPC case highlights ongoing regulatory tensions between Nigeria’s consumer protection agency and one of the country’s largest telecommunications firms. MTN Nigeria, a subsidiary of South Africa-based MTN Group, has faced scrutiny over compliance issues in the past, including fines for regulatory breaches. The current charges underscore the FCCPC’s mandate to enforce transparency and accountability among corporate entities operating in Nigeria.
Conversely, the NCC’s copyright case reflects broader challenges in Nigeria’s creative industry, where artists frequently battle unauthorized use of their intellectual property. Maleke Moye, a prominent Nigerian musician, has become a focal point in this legal dispute, spotlighting the intersection of technology and artistic rights in the digital age.
As both cases progress, MTN Nigeria and its executives face significant legal and reputational risks. The outcomes could set precedents for how regulatory and intellectual property disputes are resolved in Nigeria’s telecom and entertainment sectors. For now, all eyes are on the Federal High Court as Toriola and his co-defendants prepare to address these allegations in May 2025. Neither MTN Nigeria nor the accused executives have issued any public statements regarding the charges as of press time.
Also read: MTN Nigeria reports N400.4bn after-tax loss in 2024, blames naira devaluation and forex volatility
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