Court Throws Out ₦1bn Suit Against MTN Nigeria
The Federal High Court sitting in Lagos has dismissed a ₦1 billion lawsuit filed against MTN Nigeria by Walls and Gates Ltd and its Managing Director, Okechukwu Udeichi, over alleged copyright infringement, breach of confidentiality, and trademark violations.
The plaintiffs claimed that MTN unlawfully used their “20 for 20” proposal for its 20th anniversary promotional campaign held in 2021.
Court Describes Claims as Frivolous
Delivering judgment on Tuesday, Justice Ayokunle Faji held that the plaintiffs failed to establish any legally protectable right in the proposal.
According to a report by PunchNews, the court described the suit as speculative and frivolous, dismissing it in its entirety and awarding ₦3 million in costs against the plaintiffs in favour of MTN Nigeria.
Background of the Dispute
In Suit No. FHC/L/CS/1935/2021, Walls and Gates Ltd and Udeichi alleged that MTN’s 20th anniversary promotional campaign was derived from a proposal they submitted to the telecoms company on 17 September 2019.
They claimed that MTN’s strategy—including the giveaway of 20 sport utility vehicles (SUVs) to subscribers—originated from their proposal, amounting to copyright infringement, misuse of confidential information, and trademark violation.
Based on these claims, the plaintiffs sought either ₦1 billion in damages or an order compelling MTN to remit 50% of the revenue generated from the promotion to them.
MTN Nigeria’s Defence
MTN Nigeria denied all allegations, arguing that the proposal was an unsolicited business idea that did not create any contractual or confidential obligation.
The telecoms operator maintained that:
- The plaintiffs had no valid registered trademark
- No evidence showed MTN copied from the proposal
- The anniversary campaign was independently developed
- The proposal contained a general business concept not protected under Nigerian copyright law
No Confidential Relationship, Court Rules
Justice Faji ruled that no confidential relationship existed between the parties.
He noted that the plaintiffs had already submitted the proposal to the Nigerian Copyright Commission before sending it to MTN, effectively placing it in the public domain.
The court further observed that the plaintiffs admitted circulating the same proposal to other organisations, undermining any claim of confidentiality.
Copyright Protects Expression, Not Ideas
On the issue of copyright infringement, the court held that registration with the Nigerian Copyright Commission does not automatically confer copyright protection.
Justice Faji stressed that Nigerian law protects original expressions, not ideas or business concepts. He ruled that the proposal merely suggested rewarding customers during an anniversary celebration and lacked the originality and intellectual effort required for copyright protection.
The judge also held that MTN’s use of the phrase “MTN 20th Anniversary” was a natural description of an anniversary event and not an idea derived from the plaintiffs.
“Gold-Digging Exercise”
Justice Faji described the lawsuit as a “gold-digging exercise”, aimed at forcing a commercial relationship on MTN Nigeria without legal basis.
Final Verdict
In his final ruling, the judge dismissed the suit in full and awarded ₦3 million in costs against Walls and Gates Ltd and its Managing Director, bringing the long-running legal dispute to a close.
The judgment reinforces the legal principle that ideas and general business concepts are not protected under copyright law in Nigeria, especially where no confidentiality or contractual obligation exists.
