JUST IN: Copyright Infringement: Media Outfit Loses As Court Quashes N703m Fine Against NUC, Zain

A Court of Appeal sitting in Abuja has set aside the judgement of a Federal High Court, Abuja which had ordered the National Universities Commission (NUC) and Zain Nigeria Ltd (Airtel) to pay about N700 million to TV Xtra Production Ltd and its Chief Executive Officer, Christian Ogodo, as fine for copyright infringement.

A three-man panel led by Justice Stephen Adah gave the verdict on Friday in two separate unanimous judgements following an appeal filed by NUC and Zain.

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Recall that Justice Inyang Ekwo of the Federal High Court had in May 2020, awarded the said cost against the NUC and Zain.

Ekwo had agreed with the TV company that the commission and the telecommunications outfit breached the intellectual property right of Ogbodo when it aired a quiz programme (University Challenge) he created on other media stations without getting permission.

But the parties that were fined approached the Appeal Court and filed a legal action against the judgement of the trial court.

The NUC’s argument, among other things, was that the trial court’s order came when the matter was constitutionally out of time and that the court process was instituted against it outside the three months required by the Officers Protection Act.

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On its part, Zain had argued that the evidence the trial judge used in making his decision was not accurate.

Reading the judgements on behalf of the panel, Justice M. Mohammed, granted the appeal filed by both parties.

For the NUC, Mohammed said: The appeal is meritorious…Judgement filed at Federal High Court, Abuja is hereby set aside. Parties are to bear their respective costs.”

As for Zain, Mohammed held that “the appeal is allowed…Judgement by Justice Ekwo is set aside.”

Speaking to our correspondent, NUC’s lawyer, Emmanuel Akuma Esq., said he was happy with the verdict because the case was not sufficiently proven even at the lower court.

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“The matter was statute barred,” he added.

However, counsel for the respondents (TV Xtra and Ogbodo), Mr. Okechukwu Uju-Azorji, told newsmen that his client was dissatisfied with the judgements and would be heading to the Supreme Court to set it aside and uphold the verdict of the trial court.

He contended that the claim by the NUC and Zain about the suit being statute barred would be strongly objected to at the apex court.

His words: “The Court of Appeal Abuja Division today delivered judgement in two appeals which emanated from the judgement of the Federal High Court; TV Xtra approached that court for claims in respect of its copyright and that court found that the case of the plaintiff succeeded, and Justice Ekwo gave judgement in our favor.

“In the two appeals the court found that it succeeded, and it set aside the judgement of the court below and of course we are dissatisfied at this point and we are going to challenge on it on appeal further to the Supreme Court.”

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