Keji Mustapha
The Supreme Court has granted permission to TV Xtra Production to have its appeal heard in a high-profile copyright infringement case against the National Universities Commission (NUC) and Zain (now Airtel).
In a ruling delivered by a five-member panel of the Apex Court Friday, the production firm has also been handed a 60-day window to file a notice of appeal.
TV Xtra ProductionsLtd, owned by Christian Ogodo, who is the Managing Editor of ARISE News, accused both the NUC and Zain (Airtel) of using his intellectual property without his permission.
Mr Ogodo accuses the NUC and Zain of airing, without his express permission, a quiz programme he registered with the Nigerian Copyrughts commission.
He said the television programme ‘University Challenge’ was aired four weeks after he made the presentation to the NUC.
In TV Xtra’s litigation that followed, the Federal High Court, in May 2020, ordered Zain (Airtel) and the NUC to pay N703 million in damages for copyright infringement.
In March 2021, the Court of Appeal, however, overturned the lower court’s decision, setting aside the N703 million fine.
The appellate court held that the case was “statute-barred” (meaning it was not filed within the legally stipulated time).
This has prompted the decision to challenge the decision at the Supreme Court.
And the 60-day timeframe now handed TV Xtra Production is an opportunity to convince the Apex Court to affirm the earlier decision of the Federal High Court ordering the award of N703million in damages for infringing on TV Xtra’s copyright.
TVXtra Productions Ltd instituted the suit on December 18, 2009 demanding N500m as special damages for the infringement.
It also demanded N200m as general damages for airing the programme titled: ‘Zain African Challenge’ on Nigerian televisions, which infringed on its rights and another N3m as general cost of the suit.
TVXtra Productions Ltd also demanded an order of the court compelling the NUC, to approve the programme.
The firm also wants the court to issue a perpetual injunction restraining Zain Nigeria from “producing, airing, marketing or exercising any right in respect of the programme called Zain African Challenge.”
