A Federal High Court, sitting in Lagos on Monday has dismissed a N500m suit instituted by one Sir Jude Nnam against five Star Music Limited, Mr Emeka Okonkwo (a.ka. E-Money) and a popular gospel singer, Kingsley Chinweike Okonkwo (aka KCEE) alleging copyright infringement by KCEE of his (plaintiff’s) songs “Som Too Chukwu”
Justice Kehinde Ogundare while dismissing the suit in it’s entirety for inability of the plaintiff to prove the alleged infringement of his copyright work, also awarded a punitive cost of N1 million against him.
In dismissing the suit, the judge held that the claimant is not entitle to any damages as claimed by him in his originating process haven’t failed to prove that he has a copyright and that he is the original owner of the phrase “Some Too Chukwu” a phrase the third defendant said was inspired by reading the book of Psalms in the Holy Bible.
The plaintiff, Sir Jude Nnam has in his amended statement of claim filed before the Federal High Court, Lagos averred that he is one of the most well-known and arguably the most accomplished gospel music composer in Nigeria.
That he is also a worship songwriter and choral music Composer, a keyboardist and a choral conductor who has distinguished himself in the African music terrain especially within the Roman Catholic circle.
Nnam also claim to be National Music Director for National Catholic Liturgical Music Council in Nigeria; the Music Director of Christian Association of Nigeria (CAN); a Yamaha Ambassador for Africa on Church music with five of his choral compositions included as Demo songs in Yamaha Keyboards and; a Papal Knight, knighted by the Pope himself for his rich contributions to liturgical music
The plaintiff added that some of the musical works created by him include but not limited to the following: ‘Jesus the Navigator’, ‘Olisa’, ‘Abinci Alheri’, ‘Take and Sanctify’, ‘Surrender Your Heart to Jesus’, ‘Salelaka’, ‘Chizara M’, ‘Bring Them to the Lord’ ‘My Story’, ‘In Thanksgiving and Love’, ‘Thanksgiving of Amazing Grace’, ‘Adupe Baba’ and ‘Bomboyeti’ etc.
The plaintiff in his statement of claim alleged the infringement of his copyright as well as the ownership rights to the song titled ‘Som Too Chukwu’ which he produced sometimes in 2001, adding that KCEE surreptitiously included it in his music album titled ‘Cultural Praise VOL. 1 without his consent or authorization.
He also alleged that the defendants also infringe on his copyrights and ownership rights to the songs titled ‘Otito Diri Chineke’ and ‘K’ Anyi Jee N’ Ulo Chukwu’ which he claimed KCEE also surreptitiously included in the music album titled ‘Cultural Praise VOL. 4′ by KCEE without the Plaintiff’s consent or authorization.
The plaintiff therefore asked for the following reliefs against all the defendants: “a declaration that the three defendants jointly infringed on his copyright by adapting, producing, distributing, marketing, advertising and performing to the general public the song titled ‘Som Too Chukwu’ and the song Otito Diri Chineke’ and ‘K’ Anyi Jee N’ Ulo Chukwu’ without his consent or authorization (either written or oral).
“An order of court directing the defendants to pay all the royalties accruing from the musical works titled ‘Som Too Chukwu, Otito Diri Chineke’’ and ‘K’ Anyi Jee N’’ Ulo Chukwu’ from December 2020 to the Plaintiff, and a perpetual injunction restraining, preventing and or prohibiting the defendants from further infringing on the copyright of the Plaintiff to the songs titled ‘Som Too Chukwu, Otito Diri Chineke’ and ‘K’ Anyi Jee N’ Ulo Chukwu’ by any means howsoever.
“A general damages in the sum of N500,000,000 against defendants for the infringement of the plaintiffs copyright
“An order directing the defendants to render account of the income, profit and benefits generated from the adaptation, production, distribution, sale, advertisement, marketing and performance of the titled Som Too Chukwu,Otito Diri hi eke’a d ‘K’ Anyi Jeen’ Ulo Chukwu from December 2020 till judgement.
“And the sum of N5,000,000 (five million naira) as the cost of this action.
However, the defendants in their statement of defense denied all the aveerments as contained in the plaintiff’s statement of claim.
In particular, defendants states that the first defendant Five Star Music Limited, is an outstanding record label company in Nigeria and duly incorporated under the laws of the Federal Republic of Nigeria while, the 3rd defendant KCEE is an award-winning international artiste with twenty-four (24) years professional experience in the music industry and have over 10 albums and over 50 singles to his credit.
Defendants also stated that KCEE parents, Pastor Gabriel Okonkwo (now deceased) and Mrs. Martha Okonkwo were devoted Catholics, consequently, the 3rd defendant, K EE was born and raised in the Catholic Church and within the Catholic tradition. “As evidence of his devotion, the KCEE was at the age of thirteen (13) years nominate as a Mass Servant for several years, and during this period he served.
The defendants added that he did not at any time produced any musical work or songs titled ‘Som Too Chukwu’ or ‘K’ Anyi Jee N’LO Chukwu which the plaintiff alleged, adding that the said phrases were from the Holy Bible (the book of Psalms) this KCEE said the claimant does not have copyright over.
The defendants added that the beat, rhythm and music does not in any way resemble any of the claimant’s music if there is any.
The third defendant ,’KCEE’ said that as a devout christian born into a Catholic Church family he got his inspiration on his song Cultural Praise Vol.1 to 4 while reading the book of Psalms in the Holy Bible and that the plaintiff can not lay claim to copyright of the bible.
The defendants in their defence further stated that the phrase “Som Too Chukwu” Or K’ Anyi Jee Nulo Chukwu in the work titled Cultural Praise Vol 1 to 4 does not have any semblance with any work of the plaintiff as they are phrases from the Holy Bible.
It was further stated that the Plaintiff is not a known artiste either in Nigeria or elsewhere, and that his purported song titled, “Som Too Chukwu” is not subsisting on any website attributed to KCEE and that the Plaintiff is not entitled to any damages as alleged or at all.
Defendants also averred that the Plaintiff’s claim constitute an attempt to extort the defendants and amounted to gold-digging, frivolous, and vexatious and should be dismissed with substantial costs.
After hearing counsel to both parties, Justice Ogundare while delivering judgement in the matter today held that the plaintiff has not been able to prove his case of copyright infringement against the defendants and that the phrase in contention was taking from the Holy Bible which the claimant can’t lay claim to.
The judge thereafter dismissed the suit and awarded a cost of N1 million against the plaintiff.
When counsel to the defendants Mr Michael Enyinnaya of Countryhill Attorneys & Solicitors was approached for comment immediately after the judgement was delivered, he refused, but only said ‘we are happy for the well delivered judgment’.
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