Court rejects joint Application for the accelerated hearing of Tempoe’s copyright infringement suit against Asa
The Federal High Court sitting in Lagos has rejected the application jointly filed by Bukola Elemide (ASA), Peace Emmanuel Oredope (P.Priime), RUE 11 Limited for the accelerated hearing of the suit initiated by Micheal Chigozie Alagwu (Tempoe), for Copyright Infringement.
On July 22, 2022, a document shows that one of Nigeria’s biggest music producers, Tempoe, obtained an order of interim injunction from a Federal High Court sitting at Ikoyi, Lagos against singer Asa; music producer P.Priime; music distribution company, Platoon; and RUE 11 limited.
In the suit numbered FHC/L/CS/1262/2022, the Plaintiff was able to successfully obtain an interim injunction directing that the song be taken down from all platforms pending the determination of the suit on the 26th, day of September 2022.
Bukola Elemide (ASA), Peace Emmanuel Oredope (P.Priime), and RUE 11 Limited are co-defendants alongside Platoon Limited in a copyright infringement suit filed by Micheal Chigozie Alagwu (Tempoe) over two songs ‘IDG’ and ‘Love Me or Give Me Red Wine’ which appeared on Asa’s 2022 album ‘V’ .
Content of the rejected Application: Bukola Elemide (ASA), Peace Emmanuel Oredope (P.Priime), RUE 11 Limited filed a Motion Exparte dated August 1, 2022, with the following prayers.
- AN ORDER for the leave of the Honorable Court to hear the Defendants/Applicants’ Motion on Notice dated 1st August 2022 during the 2022 annual vacation by a vacation Judge of this Honourable Court.
- And for such order or other orders as the Honourable Court may deem fit to make in the circumstances.
The decision of the Court: The Federal High Court held as follows:
Upon hearing through the Affidavit in Support of Ex-parte Summons with the Exhibits attached therein, deposed to by Mr. Remi Okusanya, Female. Christian, Nigeria and Litigation Secretary of Udo Udoma & Belo-Osagie of 10th, 12th, and 13th Floors, St. Nicholas House, Catholic Mission Street, Lagos Island, Lagos and a Written Address dated and all filed at thus Court Registry on the 1st day of August 2022.
AND AFTER HEARING the submissions of 0.J. Ajakpovi, Esq, with his S. Mosobolaje, Esq, Learned Counsel for the 1st (Asa), 2nd (P,Primme) and 4th Defendants/Applicants (RUE 11 Limited) who moved in terms of the Motion paper.
After careful consideration of the application and submissions of counsel, the court duly refused the application to fast-track the hearing. . The order was issued in Lagos, and under the seal of this Honourable Court and by the hand of the presiding judge on August 22, 2022.
Other valuable information: Every year, Nigerian courts go on a break for three months. With the interim injunction granted by the federal high court on July 20, 2022, Asa, Platoon, Rue 11 and P.Priime will continue to lose money. This was probably the reason why they filed a motion ex parte to accelerate the hearing, regardless of the court holidays.
The idea is to stop losing money.