A Federal High Court in Lagos has dismissed a ₦1 billion copyright and breach-of-confidence suit against MTN Nigeria, with the judge labeling the legal challenge a “gold-digging exercise.”
Driving the news
Walls and Gates Ltd, along with Managing Director Okechukwu Udeichi, sued MTN over its “20 For 20” 20th-anniversary promotion.
- The claim: The plaintiffs alleged MTN stole their proposal for a rewards-based anniversary campaign and sought ₦1 billion in damages or 50% of the promotion’s revenue.
- The defense: MTN argued the proposal was an unsolicited business concept that lacked originality and that their marketing team developed the anniversary campaign independently.
The big picture
The ruling reinforces a fundamental principle of intellectual property law: ideas and business concepts are not copyrightable; only the specific expression of those ideas is protected.
The court’s verdict
Justice Ayokunle Faji dismissed the suit in its entirety on Jan. 6, citing three primary reasons:
- No Confidentiality: The plaintiffs had already circulated the proposal to other organizations and the Nigerian Copyright Commission, moving it into the public domain. There was no Non-Disclosure Agreement (NDA) in place.
- Ideas vs. Expression: The court ruled that “20 For 20” was a general business concept. Under Nigerian law, copyright protects the work, not the idea of rewarding customers for an anniversary.
- Lack of Originality: Evidence showed MTN affiliates in other countries had used similar reward structures long before the plaintiffs submitted their proposal.
The bottom line
The judge didn’t just dismiss the case—he penalized the plaintiffs, awarding ₦3 million in costs against them. Justice Faji described the suit as “frivolous and vexatious,” noting it wasted judicial time.
Source: Premium Times
