Justice Kehinde Ogundare of the Federal Excessive Court docket in Lagos on Monday dismissed a N500 million go well with filed by a distinguished Catholic music composer, Sir Jude Nnam, in opposition to gospel singer Kingsley Okonkwo, popularly often called KCEE, over allegations of copyright infringement.
Justice Ogundare, who held in his judgment that Nnam didn’t show the alleged infringement of his copyright work, “Som Too Chukwu”, additionally awarded a punitive value of N1 million in opposition to him.
The plaintiff had joined 5 Star Music Restricted and Emeka Okonkwo E-Cash within the go well with.
Nnam had requested the courtroom for a declaration that the copyright, in addition to the possession rights to the music titled ‘Som Too Chukwu’ which was secretly included within the music album titled “Cultural Reward Vol.1” by the third Defendant with out his consent or authorisation, is vested in him by his composing the stated music in 2001.
Whereas dismissing the go well with, Justice Ogundare held that the claimant isn’t entitled to any damages as claimed in his originating course of, having didn’t show that he has a copyright and that he’s the unique proprietor of the phrase “Some Too Chukwu”, a phrase the third defendant stated was impressed by studying the e book of Psalms within the Holy Bible.
The plaintiff had additionally urged the courtroom for an order of the courtroom directing the defendants to pay all of the royalties accruing from the musical works titled ‘Som Too Chukwu, Otito Diri Chineke’’ and ‘Ok’ Anyi Jee N’’ Ulo Chukwu’ from December 2020 to HIM, and a perpetual injunction restraining, stopping and or prohibiting the defendants from additional infringing on the copyright of the Plaintiff to the songs titled ‘Som Too Chukwu, Otito Diri Chineke’ and ‘Ok’ Anyi Jee N’ Ulo Chukwu’ by any means howsoever.
Nnam had additional demanded normal damages within the sum of N500,000,000 in opposition to the defendants for the infringement of the plaintiff’s copyright.
He had additionally requested the choose for “An order directing the defendants to render account of the earnings, revenue and advantages generated from the variation, manufacturing, distribution, sale, commercial, advertising and marketing and efficiency of the music “Som Too Chukwu, Otito Diri hello Ikea d ‘Ok’ Anyi Jeen’ Ulo Chukwu” from December 2020 until judgement.
“And the sum of N5,000,000 (5 million naira) as the price of this motion.
Nonetheless, the defendants, of their state of defence, said that “the primary defendant, 5 Star Music Restricted, is an impressive document label firm in Nigeria and duly included underneath the legal guidelines of the Federal Republic of Nigeria.
In distinction, the third defendant, KCEE, is an award-winning worldwide artiste with twenty-four (24) years {of professional} expertise within the music business and over ten albums in addition to over 50 singles to his credit score.
Defendants additionally said that KCEEparents, Pastor Gabriel Okonkwo (now deceased) and Mrs Martha Okonkwo, had been devoted Catholics.
Consequently, the third defendant, KCEE, was born and raised within the Catholic Church and inside the Catholic custom. “As proof of his devotion, KCEEwas on the age of 13 (13) years nominated as a Mass Servant for a number of years, and through this era, he served.
The defendants added that he didn’t at any time produce any musical work or songs titled ‘Som Too Chukwu’ or ‘Ok’ Anyi Jee N’LO Chukwu, which the plaintiff alleged, including that the stated phrases had been from the Holy Bible (the e book of Psalms) this, KCEEsaid the claimant doesn’t have copyright over.
The defendants added that the beat, rhythm, and music don’t resemble any of the claimant’s music, if there any.
The defendants of their defence additional said that the phrase “Som Too Chukwu” Or Ok’ Anyi Jee Nulo Chukwu within the work titled ‘Cultural Reward Vol 1 to 4’ doesn’t have any semblance with any work of the plaintiff as they’re phrases from the Holy Bible.
It was additional said that the Plaintiff isn’t a recognized artiste both in Nigeria or elsewhere, that his purported music titled, “Som Too Chukwu” isn’t subsisting on any web site attributed to KCEEand that the plaintiff isn’t entitled to any damages as alleged or in any respect.
Defendants additionally averred that the plaintiff’s declare constituted an try to extort the defendants which they stated amounted to gold-digging, frivolous, and vexatious and must be dismissed with substantial prices.
