The legal team of the Nigerian Copyright Commission (NCC) has accused Karl Toriola, Chief Executive Officer of MTN Nigeria, of evading service in a copyright infringement case.
NCC’s lawyer, Gladys Isaac Ojo made the claim before the Federal High Court sitting in Abuja on Tuesday.
The case, marked FHC/ABJ/CR/111/2024, was filed by the NCC against MTN Nigeria Communications Limited; Karl Toriola, Chief Executive Officer of MTN Nigeria; Nkeakam Abhulimen; Fun Mobile Limited; and Yahaya Maibe.
Nairametrics previously reported the NCC had alleged that MTN and others used several soundtracks as callback ringtones without the consent and authorization of the original owners and in contravention of the Copyright Act.
Meanwhile, MTN Nigeria Communications Limited reacted by asking the Federal High Court, Abuja, to strike out the alleged copyright infringement case instituted against the defendants by the Nigerian Copyright Commission (NCC) for allegedly being defective.
Meanwhile, Justice Inyang Ekwo had fixed today, Tuesday for the defendants to take their plea.
Today was rescheduled for the arraignment of the defendants but only the fifth defendant appeared in court.
Ojo, who stood in for the NCC, said the MTN CEO allegedly refused to be served.
She said
But Obafemi Agaba, counsel for the first second and third defendants(MTN, its CEO, and another), told the judge that the CEO is yet to be served with the charges in the NCC suit.
He explained that “the rules of the court is that they be served personally. The NCC has not applied for substituted service.”
He also drew the attention of the court to his application challenging the jurisdiction of the court and the competence of the suit.
But Justice Inyang Ekwo advised the MTN lawyer to do everything to ensure that his clients are served with the process.
The judge also said the NCC lawyer ought to know the necessary legal steps to take regarding service.