05/06/2026
In Veno Marioghae Mbanefo v. Airtel Network Limited, the Plaintiff, a musician, alleged that her song Nigeria Go Survive was used without authorisation in Airtel’s telemarketing calls and promotional campaigns. In assessing her claim, the Court found in her favour on all material issues. It held that the song qualified as a musical work protected by copyright, that the Plaintiff proved ownership through evidence of authorship, historical dissemination, and fixation (via vinyl and LP), and that Airtel’s use constituted infringement.
On infringement, the Court emphasised that once ownership is established, the Plaintiff must show that the Defendant reproduced a substantial part of the work without authorisation. This was satisfied through recorded telemarketing messages and corroborating witness testimony from subscribers who directly received the calls. The Court rejected objections on hearsay and admissibility, holding that the electronic evidence complied with statutory requirements and that direct witness testimony cured any alleged deficiencies.
Ultimately, the Court granted declaratory and injunctive reliefs and awarded ₦200 million in general damages, underscoring that damages in copyright cases flow from infringement and need not be strictly proved.
This decision again affirms copyright protection for creators in Nigeria. The Court confirmed that ownership may be established through evidence of authorship, fixation, and historical dissemination, and that infringement is made out where a substantial part of a protected work is reproduced without authorisation.
Equally noteworthy is the Court’s pragmatic approach to electronic evidence and witness testimony in proving infringement. The award of ₦200 million in general damages further underscores the judiciary’s willingness to provide meaningful remedies for copyright violations and serves as a reminder that businesses must obtain the requisite licences and permissions before commercially exploiting protected works.
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This is an excerpt of our article published on Mondaq titled, The Evidentiary Threshold in Copyright Litigation: A Strategic Guide for Lawyers and Creatives and available at: https://www.mondaq.com/nigeria/copyright/1783806/the-evidentiary-threshold-in-copyright-litigation-a-strategic-guide-for-lawyers-and-creatives
