An Abuja-based music producer, Liberty Williams whose stage name is Pupayannis, on Tuesday, closed his case against MTN after his last witness had testified before Justice Ijeoma Ojukwu, of the Federal High Court Abuja.

The suit marked FHC/ABJ/CS/2017 was instituted in 2017 by the copyright owner of “Love is Everything”, Liberty Williams against MTN, its Chief Executive Officer, Ferdi Moolman; Nowhere to Run Entertainment Ltd and Emmanuel Abanah.

During Tuesday sitting, the witness, Mr. Dominic Danjuma Tabakaji, led in evidence by Dr. Ogaga Ifowodo said he knew the plaintiff.

As the Managing Director of an Abuja-based Gun-Kicks Enter-10-Ment, Tabakaji stated that his relationship with the plaintiff has to do with the recording and production of the song, “Love is Everything”, (audio), which is the subject matter of the suit.

“That on July 18, 2013, I recorded and produced the song for the Plaintiff in this suit.

“He paid me for the recording and production of the song, the sum of N150,000 and I issued him an invoice bearing his name dated July 18, 2013, as proof of the transaction.

“After the production, I handed over the master tape of the song to the plaintiff. I never had any dealings, production wise with the defendants as regards the song which is the subject matter of the suit”, he stated.

Under Cross-examination led by the counsel to the first and second defendants, the witness confirmed that his company was involved in music production and that he was not in any way a party to the plaintiff against the third and the fourth defendants who are record labels.

However, both the third and fourth defendants were absent from court without any explanation to the court.

They were to present the only listed witness for evidence.

By the suit, the plaintiff is seeking among other declarations that the sale or offer for a fee of plaintiff’s song by MTN to its subscribers or customers without the consent, license and/or authorisation of the Plaintiff first sought and obtained constitutes an infringement of Plaintiff’s copyright; and that the sale or offer for a fee of Plaintiff’s song by MTN and its Chief Executive Officer to their subscribers or customers for a period of three years or more without any effort whatsoever to ascertain the copyright or, having reason to be aware of his copyright, to obtain Plaintiff’s permission constitutes a flagrant violation of his copyright.

The plaintiff is seeking an award of the sum of N200 million against the defendants as general damages and N100 million as aggravated and punitive damages for the unlawful and flagrant infringement of the Plaintiff’s copyright.

The matter has been adjourned till September 24 for the defendants to call their witnesses.

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