A Federal High Court in Lagos yesterday dismissed a N500 million suit instituted against a popular singer, Kingsley Okonkwo popularly known as KCee, and two others over alleged copy right infringement of the song “Som Too Chukwu.”
The plaintiff, had in his amended statement of claim filed before the court, averred that he is one of the most well-known and arguably the most accomplished gospel music composer 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.
Consequentially, 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 added that the beat, rhythm and music does 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 on his song Cultural Praise, while reading the book of Psalms in the Holy Bible and that the plaintiff cannot lay claim to copyright of the bible.
Defendants also averred that the plaintiff’s claim constitute an attempt to extort the defendants and amounted to gold-digging, frivolous, and vexatious and should be dismissed with substantial costs.
In his judgement, 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 taking from the Holy Bible which the claimant can’t lay claim to.
The judge thereafter dismissed the suit and awarded a cost of N1million against the plaintiff.