The Supreme Court has granted TV Xtra Productions Limited permission to proceed with an appeal in a high-profile copyright infringement case involving the National Universities Commission (NUC) and telecommunications firm Zain, now known as Airtel.
In a ruling delivered on Friday by a five-member panel of the apex court, TV Xtra Productions was also given 60 days to file its notice of appeal.
TV Xtra Productions Limited, owned by Christian Ogodo, Managing Editor of ARISE News, accused the NUC and Zain (Airtel) of using its intellectual property without authorization. The company alleged that a quiz programme it developed and registered with the Nigerian Copyright Commission was aired without its consent.
According to Mr Ogodo, the television programme titled University Challenge was broadcast about four weeks after he made a formal presentation of the concept to the NUC. He maintained that the programme was used without his express permission.
Following the lawsuit instituted by TV Xtra Productions, the Federal High Court in May 2020 ruled in favour of the firm and ordered the NUC and Zain (Airtel) to jointly pay N703 million as damages for copyright infringement.
However, in March 2021, the Court of Appeal overturned the judgment of the Federal High Court and set aside the N703 million award. The appellate court held that the suit was statute-barred, meaning it was not filed within the time limit allowed by law.
Dissatisfied with the ruling, TV Xtra Productions resolved to challenge the decision at the Supreme Court. The 60-day window granted by the apex court now provides the company an opportunity to persuade the court to reinstate the earlier judgment of the Federal High Court.
TV Xtra Productions Limited had originally filed the suit on December 18, 2009, seeking N500 million as special damages for the alleged infringement. The firm also demanded N200 million as general damages for the airing of a programme titled Zain African Challenge, which it said violated its copyright, as well as N3 million as the cost of litigation.
In addition, the company asked the court to compel the NUC to approve its programme and to issue a perpetual injunction restraining Zain Nigeria from producing, airing, marketing, or exercising any rights over the programme known as Zain African Challenge.