The Supreme Court has granted TV Xtra Productions Limited permission to proceed with an appeal in a high-profile copyright infringement suit involving the National Universities Commission (NUC) and telecommunications company Zain, now Airtel.
In a ruling delivered on Friday by a five-member panel of the apex court, TV Xtra was also given 60 days within which to file its notice of appeal.
TV Xtra Productions Limited, owned by Christian Ogodo, Managing Editor of ARISE News, accused the NUC and Zain (Airtel) of unlawfully using his intellectual property without consent.
Ogodo alleged that his television quiz programme, “University Challenge,” which he had duly registered with the Nigerian Copyright Commission, was broadcast without authorisation. According to him, the programme was aired just four weeks after he made a presentation on the concept to the NUC.
Following litigation, the Federal High Court in May 2020 found in favour of TV Xtra and ordered the NUC and Zain (Airtel) to jointly pay ₦703 million as damages for copyright infringement.
However, in March 2021, the Court of Appeal overturned the judgment and set aside the damages award. The appellate court held that the suit was statute-barred, ruling that it was not filed within the legally prescribed time frame.
Dissatisfied with that decision, TV Xtra sought redress at the Supreme Court. The grant of leave to appeal now provides the company an opportunity to persuade the apex court to reinstate the Federal High Court’s judgment awarding ₦703 million in damages.
TV Xtra Productions initially instituted the suit on December 18, 2009, demanding:
- ₦500 million as special damages for copyright infringement;
- ₦200 million as general damages for the unauthorised airing of the programme titled “Zain African Challenge”;
- ₦3 million as the cost of litigation.
The firm also sought an order compelling the NUC to approve its programme, as well as a perpetual injunction restraining Zain Nigeria from producing, airing, marketing, or exercising any rights over the programme “Zain African Challenge.”
