The Federal High Court in Lagos yesterday dismissed N500 million suit instituted against singer Kingsley Okonkwo (aka KCee) and two others over alleged copyright infringement of the song “Som Too Chukwu”.
Justice Kehinde Ogundare held that the plaintiff, Sir Jude Nnam, failed to prove the alleged infringement of his copyright work, and also awarded a punitive cost of N1 million against him.
Also, joined as defendants in the suit are, Five Star Music Limited, and Mr. Emeka Okonkwo (a.ka. E-Money).
The plaintiff, in his amended statement of claim, averred that he is one of the most well-known and arguably the most accomplished gospel music composers in Nigeria.
The plaintiff added that some of the musical works created by him include the following: ‘Jesus the Navigator’, ‘Olisa’, ‘Abinci Alheri’, ‘Take and Sanctify’, ‘Surrender Your Heart to Jesus’, ‘Salelaka’, ‘Chizara M’, ‘Bring Them to the Lord’ ‘My Story’, ‘In Thanksgiving and Love’, ‘Thanksgiving of Amazing Grace’, ‘Adupe Baba’ and ‘Bomboyeti’ among others.
The plaintiff further alleged that the defendants infringed on his copyright as well as the ownership rights to the song titled ‘Som Too Chukwu’ which he produced sometime in 2001, adding that KCEE surreptitiously included it in his music album titled ‘Cultural Praise without his consent or authorisation.
He prayed the court for “an order of court directing the defendants to pay all the royalties accruing from the musical works titled ‘Som Too Chukwu, Otito Diri Chineke’’ and ‘K’ Anyi Jee N’’ Ulo Chukwu’ from December 2020 to the Plaintiff, and a perpetual injunction restraining, preventing and or prohibiting the defendants from further infringing on the copyright of the Plaintiff to the songs titled ‘Som Too Chukwu, Otito Diri Chineke’ and ‘K’ Anyi Jee N’ Ulo Chukwu’ by any means howsoever.
The defendants stated that they did not at any time produce any musical work or songs titled ‘Som Too Chukwu’ or ‘K’ Anyi Jee N’LO Chukwu which the plaintiff alleged, adding that the said phrases were from the Holy Bible (the book of Psalms), which the claimant does not have copyright over.
The defendants added that the beat, rhythm and music do not in any way resemble any of the claimant’s music if there is any.
The third defendant ‘KCee’ said that as a devout Christian born into a Catholic Church family, he got his inspiration for his song Cultural Praise while reading the book of Psalms in the Holy Bible and that the plaintiff can not lay claim to the copyright of the bible.
The Defendants also averred that the plaintiff’s claim constituted an attempt to extort the defendants and amounted to gold-digging, frivolous, and vexatious and should be dismissed with substantial costs.
Justice Ogundare held that the plaintiff failed to prove his case of copyright infringement against the defendants. The court held that the phrase in contention was taken from the Holy Bible which the claimant can’t lay claim to.
The judge dismissed the suit and awarded a cost of N1 million against the plaintiff.
