Manny Ita
A Federal High Court sitting in Ikoyi, Lagos, has ordered Airtel Networks Limited to pay ₦210 million in damages to veteran musician Veno Marioghae-Mbanefo over the unauthorized use of her 1985 classic hit, “Nigeria Go Survive.” Presiding Judge, Honourable Justice Ibrahim Kala, delivered the judgment on Monday, January 26, 2026, ending a protracted legal dispute that began in 2022. The court found the telecommunications company liable for utilizing the iconic song for promotional and telemarketing purposes, including on the Airtel TV App and during the broadcast of The Voice Nigeria, without obtaining the necessary licensing or consent from the artist.
The litigation followed Mbanefo’s discovery that her intellectual property was being used as a national promo tune for Airtel subscribers. Despite initial attempts to resolve the matter, the artist alleged that the company dismissed her claims and responded with legal threats. Reflecting on the infringement, Mbanefo stated, “I found out that Airtel had been using my song to market their products… without my permission. Rather than look into our authentic claim, they responded by not only denying culpability but also slandering me.” The court ruled that Airtel’s actions constituted a flagrant breach of the Copyright Act, particularly noting the commercial exploitation of the work without acknowledging the author.
In his judgment, Justice Kala awarded a combination of general and aggravated damages to the plaintiff, citing the derogatory nature of the unauthorized use and the company’s conduct during the proceedings. Furthermore, the court granted a perpetual injunction restraining Airtel and its affiliates from any future use of the musical work for advertising or telemarketing without a valid license. Legal experts have described the ruling as a landmark victory for the Nigerian creative industry, reinforcing the protection of intellectual property rights against corporate encroachment.
The ruling clarifies that the principle of “fair dealing” does not extend to the use of creative works for the purpose of brand enhancement or direct commercial gain. During the proceedings, it was established that the telecommunications firm had utilized the musical work to market its services to millions of subscribers nationwide without compensating the author. Mbanefo testified that her attempts to reach an amicable settlement were initially met with hostility and denials, stating, “Rather than look into our authentic claim, they responded by not only denying all culpability, but also defamed me and threatened criminal charges against me.” The court ultimately rejected Airtel’s defense, ruling that the unauthorized use of the track was a deliberate appropriation of intellectual property.
In addition to the financial award, which includes both general and aggravated damages for the company’s conduct, Justice Kala granted a perpetual injunction restraining Airtel and its affiliates from any further use of the song without express permission. Legal analysts suggest this judgment will force a shift in how corporate social media and marketing departments handle creative content, as the court has signaled that “trending” or “iconic” works cannot be used for business promotion under the guise of fair use. The decision is expected to lead to stricter compliance measures across Nigeria’s telecommunications and digital media sectors to mitigate the risk of similar high-stakes litigation.
