Trial commences in N50bn alleged infringement case against Sinach

The Federal High Court has adjourned till January 29 and 30, 2025 a N5 billion alleged infringement suit filed against international gospel artiste Osinachi Joseph Egbu, popularly known as Sinach, by music producer Michael Oluwole, also known as Maye.

The plaintiff, in suit number FHC/L/CS/402/2024 filed through his legal counsel, Justin Ige of Creative Legal, is seeking a declaration of the court that he is an author and co-owner of the musical work ‘Way Maker’. He is also demanding general damages of N5 billion for alleged cumulative infringements on his rights.

The lawsuit, which was instituted in the Federal High Court, Lagos Division March 2024, did not sit on the May 2nd date fixed for proceedings and was thereafter adjourned to May 27, 2024. On the adjourned date, the court sat but hearing couldn’t proceed because the defendant’s processes had not been regularised. Matter was thereafter adjourned to July 21, 2024 for hearing.

The matter came up for hearing on the adjourned date, however, the court stated that it will have to hear the preliminary objection first before the commencement of trial.

After a proceeding, the case was thereafter adjourned to October 14 for hearing of Preliminary Objection. On October 14th, the Defendant decided not to proceed but to go to trial instead. The case was adjourned to Nov 27 for trial.

Trial commenced November 27, 2024. Proceedings in the suit began with the Prosecution case, where the Plaintiff was examined. The prosecution witness and plaintiff, Oluwole, averred to his statement on oath and sought the relief of the court in granting his prayers in the case before it.

During cross examination of the Plaintiff by the Defense Counsel, Emeka Etiaba (SAN), the Plaintiff was questioned on his averrement in his statement on oath and reliefs sought where counsel to the defense opposed the averrement of the plaintiff in claims of co-ownership rights and co-authorship of the body of musical work in the song ‘Way Maker’.

Emeka Etiaba had also objected to the admissibility of 4 documents on the argument that they are electronically generated and are without certificate of compliance.

Whilst the Prosecution Counsel referred to an adjustment of the Evidence Act in S84 as amended, in effort to point out a repeal of the need for certificate of compliance in the tendering of electronically generated documents before the court, the Court of Justice, presided by Justice Ambrose Lewis-Allagoa, rejected the admissibility of the documents for non-compliance with court requirements.

The arguments of counsel were ordered by the court’s caution for a tidy proceeding by counsel in the suit where frivolous processes were discouraged for the sake of timely disposition of cases in due course of the judicial process.

After taking arguments of counsel for the case of the prosecution, the court adjourned till January 29 and 30, 2025 for commencement of the case of the Defense in the suit.

Verdict in the suit before the court is one that could set a significant precedent for intellectual property disputes in the Nigerian music industry.

The plaintiff is seeking, among other reliefs, an order mandating that in the absence of a written agreement between him and the defendant, all fees accruing from licenses or assignments of copyright in ‘Way Maker’ should be divided equitably between them as co-owners.

The plaintiff also requests the court to: Determine an equitable division of fees as either an equal share or another division the court deems appropriate; Compel the defendant to disclose all licenses and copyright assignments related to ‘Way Maker’, account for all accrued fees, and pay the plaintiff his due share; Declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording; Affirm that the plaintiff’s performer’s rights were infringed upon; Issue a perpetual injunction restraining the defendant from further reproduction, distribution, or public performance of ‘Way Maker’ or any adaptations thereof.

Through his counsel, Justin Ige of Creative Legal, the plaintiff averred that he worked as a studio engineer on ‘Way Maker’, recording, mixing, and mastering the song. He also asserts that he created and performed several instrumental accompaniments, including piano, strings, and synthesizers, without a transfer of his performer’s rights.

The plaintiff alleges that the defendant released ‘Way Maker’ commercially in December 2015, incorporating his instrumental contributions without compensation or agreement. He further claims that the defendant has been granting licenses for the song without sharing the proceeds, describing her conduct as deliberate and oppressive.

In response, the defendant, through her counsel Emeka Etiaba (SAN) of Etiaba Chambers, denies the plaintiff’s claims. She argues that she achieved global recognition before ‘Way Maker’ and asserts sole authorship of the song, which she says was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, before the plaintiff’s involvement.

The defendant maintains that the plaintiff’s role was limited to mixing the master recording, a service for which he was paid. She denies any obligation to enter into a written agreement with him and insists he is not entitled to performer’s, copyright, or publishing rights.