Court Orders Accelerated Hearing in Copyright Infringement Suit against Asa, Three Others

Justice L. O. Lifu of a Federal High Court in Lagos has ordered an accelerated trial in an alleged copyright infringement suit brought against popular musician, Bukola Elemide aka “Asa” and three others.

Justice Lifu made the order for accelerated hearing after declining to vacate his order of July 1, 2022, wherein he had ordered that two songs “IDG” and ‘Love Me or Give Me Red Wine,” the subject matter of the suit filed by music producer, Michael Chigozie Alagwu (“Tempoe”) be taken down from all online platforms pending the commencement of trial.

The orders were part of ruling in a motion on notice dated August 1 and filed by Asa and other defendants in the suit marked: FHC/L/CB/1262/2022.

In an enrolled ordered dated October 18, 2022, a certified True Copy seen by THISDAY, the judge amongst others, had held that the, “application of the 1st, 2nd and 4th defendants praying for the vacation of the Interim order granted on July 20 fails as same has been determined by effluxion of time”.

The judge also held that, “Plaintiff’s motion on notice of July 1, praying for interlocutory injunction pending the determination of the substantive suit fails and is accordingly dismissed.

“The defendants are hereby mandated to continue with the sales and distribution of the musical works, the subject matter of this suit and give monthly/periodic financial report and status of the subject matter with affidavit of facts of this court pending the hearing and determination of the substantive suit which is hereby given accelerated hearing.

“The defendants shall ensure the publication of this order in one national daily widely circulating in Nigeria within 14 days from the date of this order.”

The court subsequently fixed January 26 and 27 for definite trial.

Tempoe, had in July 2022, dragged Bukola Elemide (Asa), Peace Emmanuel Oredope (P.Priime), Platoon Ltd and Rue 11 Ltd to court over alleged infringement of his copyright in the above two songs.

The plaintiff who claimed to have produced the two songs had initiated legal action against Asa and the order defendants who are music produces and distributors respective for going ahead to produce a version of the two songs for Asa in 2022.

According to reports, trouble had started following disagreement regarding rights and financial considerations between Tempoe and Asa over the two songs – IDG and Love Me or Give Me Red Wine”. The disagreement was said to have led Asa to approach the second defendant (P.Prime) for the production of the two songs which was done and distributed by the third defendant Platoon Ltd in 2022.

Dissatisfied, Tempoe commenced legal action against the defendants and filed a motion on notice praying the court for, “an order of interlocutory injunction restraining the defendants jointly or severally whether by themselves, their assigns, agents, and servants howsoever from using, distributing, offering for sale, performing any of the said musical works titled “IDG” and ‘Love Me or Give Me Red Wine” in whatever manner pending the determination of the motion on notice.

He also prayed the court for another order for leave to be granted him to, “publish the enroll order that may be made pursuant to this application in at least one national newspaper circulating in Nigeria’.

The court on July 20, had held that “After hearing Osuntuyi Esq., Counsel to the Plaintiff/Applicant move in terms of the motion paper. And having carefully considered the application and submission of Learned Counsel….That the Defendants/Respondents are hereby restrained whether by themselves, their assigns, agents, privies and servants or anyone acting on their behalf from further distributing, offering for sale and performing any of the said musical works titled ‘IDG’ and ‘Love Me or Give Me Red Wine’ in whatever manner pending the determination of the Applicant’s Motion on Notice already filed which shall be served on the Respondents within seven days from today.

“That leave is hereby granted to the Plaintiff/Applicant to publish a copy of the enrolled order herein made in at least one national newspaper circulating in Nigeria.

“That due to the impending court annual leave, the return date for the hearing of the Motion on Notice is herein fixed against the 26th day of September, 2022.”

Dissatisfied with the ruling of the court, the defendants had on August 1, 2022, approached the court for an order discharging the order of Interim Injunction issued on July 20, 2022, ordering the taking down of the two songs from all online platforms.

They had first sought an order of court for leave to extend time for them to apply for an order to discharge or vary the order of Interim injunction dated July 20, 2022 made by the court and another order discharging the said interim order.

Similarly, they had prayed the court for “An order reinstating the defendants’/applicants’ songs taken down from various online distribution platforms pursuant to the court’s order of July 20, pending the hearing of the plaintiff/respondent’s motion on notice of July 1, 2022

They had also urged the court to in the alternative make, “An order varying the order of interim injunction of July 20, 2022 by permitting the sales and distribution of the musical works, the subject matter of this suit pending the hearing and determination of the motion on notice on the condition that a full account of the sales, distribution and the proceeds therefrom be made to the court pending the determination of the plaintiff/ respondent’s suit”.