The Federal High Court has dismissed a ₦1 billion legal action instituted against MTN Nigeria by Walls and Gates Ltd and its Managing Director, Okechukwu Udeichi.
The suit accused the telecom operator of copyright infringement, breach of confidentiality, and trademark violations linked to its 20th anniversary promotional campaign held in 2021.
Judge Labels Case Speculative and Unfounded
Ruling on the matter on Tuesday, Justice Ayokunle Faji held that the plaintiffs failed to prove ownership of any enforceable legal rights in the proposal at the centre of the dispute.
According to PunchNews, the court described the lawsuit as speculative and frivolous, dismissing it entirely and awarding ₦3 million in costs against the claimants in favour of MTN Nigeria.
How the Dispute Began
The case, marked Suit No. FHC/L/CS/1935/2021 stemmed from a proposal titled “20 for 20” submitted by Walls and Gates Ltd to MTN on 17 September 2019.
The plaintiffs argued that MTN’s 20th anniversary promotion, including the distribution of 20 SUVs to subscribers, was derived from their concept, constituting unlawful use of their intellectual property.
They consequently sought ₦1 billion in damages or, alternatively, demanded 50% of the revenue generated from the promotion.
MTN Rejects All Allegations
In its defence, MTN Nigeria maintained that the proposal was unsolicited and did not impose any contractual or confidential obligation on the company.
The telecoms firm argued that:
- The plaintiffs did not hold a valid registered trademark
- There was no evidence of copying or misuse
- The anniversary campaign was independently conceived
- The proposal amounted to a general business idea not protected by copyright law
Court Finds No Breach of Confidentiality
Justice Faji ruled that no confidential relationship existed between the parties.
He noted that the plaintiffs had submitted the proposal to the Nigerian Copyright Commission before forwarding it to MTN, making it accessible beyond a private exchange.
The court also pointed out that the plaintiffs admitted sharing the proposal with multiple organisations, further weakening any claim of confidentiality.
Ideas Not Protected Under Copyright Law
Addressing the copyright claim, the court clarified that registration with the Nigerian Copyright Commission does not automatically grant copyright protection.
Justice Faji emphasised that Nigerian copyright law safeguards original expressions, not ideas, concepts, or promotional strategies. He ruled that the proposal merely suggested rewarding customers during an anniversary celebration and lacked the originality required for protection.
The judge further stated that the phrase “MTN 20th Anniversary” was a descriptive term naturally associated with such an event and could not be claimed as the plaintiffs’ intellectual creation.
Court Condemns Suit as Opportunistic
Justice Faji described the lawsuit as a “gold-digging exercise”, noting that it appeared to be an attempt to force a commercial relationship on MTN Nigeria without any legal foundation.
Judgment and Implications
The court dismissed the suit in its entirety and awarded ₦3 million in legal costs against Walls and Gates Ltd and its Managing Director.
The ruling reinforces a key legal position in Nigeria: business ideas and promotional concepts are not protected under copyright law, particularly in the absence of originality, confidentiality, or contractual obligation.
