November 02, (THEWILL) – Justice L. O. Lifu of the Federal High Court, Lagos, has ordered an accelerated trial in an alleged copyright infringement suit brought against popular musician, Bukola Elemide, aka “Asa” and three others; Peace Emmanuel Oredope aka P.Priime, Platoon Ltd and Rue 11 Ltd
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, aka Tempoe, be taken down from all online platforms pending the commencement of trial.
The orders were part of a 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 order dated October 18, 2022, 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 an 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 a definite trial.
Tempoe had in July 2022, dragged Asa, P.Priime, Platoon Ltd and Rue 11 Ltd to court over alleged infringement of his copyright in the above two songs.
Tempoe claimed to have produced the two songs and initiated legal action against Asa and the order defendants, who are music producers and distributors for going ahead to produce a version of the two songs for Asa in 2022.
Trouble had started following a 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”.
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”.
