The Office of the Attorney General of the Federation (AGF) has formally withdrawn the criminal copyright infringement charges filed against MTN Nigeria Communications Limited, its Chief Executive Officer Karl Toriola, and executive Nkeakam Abhulimen.
The withdrawal was announced on Wednesday before Justice Umar Mohammed of the Federal High Court, Abuja, where the case had been pending for several months. The development effectively clears MTN and its executives from the criminal proceedings initiated by the Nigerian Copyright Commission (NCC).
Counsel representing the AGF, G.C. Nweze, informed the court that the decision followed a detailed legal review by the Attorney General’s office. He noted that the AGF had decided to strike out the names of the first to third defendants MTN Nigeria, Toriola, and Abhulimen from the charge.
According to Nweze, the remaining defendants Fun Mobile Limited and Yahaya Maibe would now face an amended charge related to the alleged unauthorised use of musical works as caller ringback tones.
MTN’s counsel, Obafemi Agaba, did not oppose the withdrawal, and Justice Umar subsequently ordered that the names of MTN and its executives be struck out from the case.
The case, numbered FHC/ABJ/CR/111/2024, was initially filed by the NCC against MTN Nigeria, Karl Toriola, Nkeakam Abhulimen, Fun Mobile Limited, and Yahaya Maibe.
The Commission accused the defendants of using several copyrighted sound recordings including works by musician Maleke Idowu Moye as caller ringback tones without obtaining the artist’s authorisation.
An NCC officer, Samuel Y. Udowo, testified that the Commission’s investigation established prima facie evidence of copyright infringement, prompting the criminal filing.
MTN, however, challenged the suit, arguing that it was defective and urging the court to strike it out.
Following MTN’s petition through its solicitors, Jackson, Etti & Edu, the AGF applied in July 2024 to take over the case from the NCC for review. The petition alleged that the case was being used to “embarrass” the company’s CEO and damage MTN’s reputation and share value.
In July 2025, AGF’s counsel Aderonke Imana, Esq., informed the court that a decision on the prosecution’s next steps would be made by October.
At Wednesday’s hearing, the AGF confirmed it had completed the review and found grounds to withdraw the charges against MTN and its top executives.
Justice Umar Mohammed officially struck out the names of MTN Nigeria, Karl Toriola, and Nkeakam Abhulimenfrom the suit, leaving Fun Mobile Limited and Yahaya Maibe as the remaining defendants.
With this ruling, MTN Nigeria and its executives are cleared of all criminal copyright allegations brought forward by the NCC.
The AGF retains the constitutional authority to take over, review, and discontinue criminal proceedings initiated by any federal government agency.
Erizia Rubyjeana
