A Federal High Court in Lagos has dismissed a N500 million lawsuit against popular singer Kingsley Okonkwo, aka KCee, and two others over alleged copyright infringement of the song “Som Too Chukwu.” This ruling is a significant development in the music industry, highlighting the importance of copyright laws and intellectual property rights.
Justice Kehinde Ogundare has made a significant ruling in the copyright infringement case involving Jude Nnam and popular singer Kingsley Okonkwo, aka KCee. The court found that Jude Nnam failed to provide sufficient evidence to support his claim that KCee’s song “Som Too Chukwu” infringed on his copyright work ¹. As a result, the case was dismissed, and Jude Nnam was ordered to pay a punitive cost of N1 million.
Also joined, as defendants, in the suit were Five Star Music Limited, and Mr Emeka Okonkwo (aka E-Money).
The plaintiff had in his amended statement of claim argued 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.
In response, 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.
Justice Ogundare’s judgment was clear: the plaintiff failed to prove copyright infringement against KCee and others because the phrase in question comes from the Holy Bible, which cannot be copyrighted by anyone. This ruling highlights the importance of understanding copyright laws in Nigeria, especially in the music industry.
The judge thereafter dismissed the suit and awarded a cost of N1 million against the plaintiff.
