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Singer TuFace Idibia and other music stars are expected to
enter the witness box of the Federal High Court, Ikoyi, Lagos, on July 14 and
15, in the latest salvo in the battle against piracy in Nigeria. They are
likely to take the stand during a court appearance by the notorious ‘Eze Ndi
Awalawa’, the alleged kingpin of Alaba Market pirates.

The sanctity of artistic talent, and its rewards for its
creator, has for a long time been subject to incalculable violations in
Nigeria. It was therefore with jubilant resolve that stakeholders in the
Nigerian music and video industry joined forces as one formidable body to bring
to book, in a fierce legal battle, the much touted Tony Onwujekwe, also known
as ‘Alaba King of Pirates.’

Alaba Market, located in Ojo, Lagos, is the hub of artistic
piracy at its most virulent in Nigeria. Even works yet to be made public are
not spared in the perpetrators’ attempts to live off the intellectual efforts
of others. Many artists have since assumed the identity of fishwives in their
incessant complaints about the antics of these peddlers. Whole works, and
hastily crafted mélange of various artists works are given labels like “The
Best of Tuface”, ‘Timaya Versus P-Square’, ‘Nonstop Hits’, and sold at prices
that would make their creators cringe in pain.

First court appearance

This faceless, impenitent trade, after what seems to be a
lifetime characterised only by pointed fingers, ghost-hunting and lukewarm
efforts by government and its agencies in finding solutions, on Monday,
February 1, finally recorded an unprecedented breakthrough with the arraignment
of Tony Onwujekwe at the Federal High Court, Ikoyi, Lagos.

Presided over by Justice Okon Abang, it was an electrifying
atmosphere in the courtroom as the three-count charge of piracy of the works of
the best-selling Nigerians musicians today, including: Idibia, Plantashun Boiz,
Faze, Banky W, Timaya, P-Square, and Dbanj among many others – was read to
Onwujekwe. He pleaded “not guilty” to all charges; and was initially remanded
in custody but is currently out on bail.

Many entertainment industry stakeholders such as Kelvin Luciano
of Questionmark Entertainment, Charles Novia of November Records, Cally Ikpe of
Calivision and Toni Payne were present at the arraignment. Tuface Idibia, Muma
Gee and W4 have also made appearances in court. Organisational presence was
recorded in the persons of Tony Okoroji, Chair of Copyright Society of Nigeria
(COSON), Toju Ejueyitchie; and John Ewelukwa Udegbunam, President, Music Label
Owners & Recording Industries Association of Nigeria (MORAN).

Speaking at the arraignment, Okoroji said, “While we celebrate
this historic event and recognise the right of every suspect to due process, we
call on the judicial branch to understand the significance of this case to all
living and dead Nigerian artists. We cannot afford the matter of the ‘Alaba
King of Pirates’ to become one of those Nigerian cases that are forever trapped
in twisted logic, never-ending legal manoeuvring and eternal adjournments.” He
concluded by calling for Onwujekwe to be brought to book without delay.

Second court appearance

Investigations into the case have proceeded with the court’s
admission, on April 29, of evidence in the form of boxes and boxes of pirated
works retrieved from the business premises of the defendant.

Fresh charges of unauthorised reproduction and offer for sale
of the works of Nigerian artists as diverse as 9ice, Wande Coal, Banky W, Olu
Maintain, Idris Abdulkareem, Yinka Ayefele and Osita Osadebe – were also
brought against the defendant. To these, the so-called ‘Alaba King of Pirates’
again pleaded not quilty.

Led in evidence by a prosecuting counsel from the Nigerian
Copyright Commission (NCC), Obi Ezeilo, the first prosecution witness was
Mathew Oloruntade, a police officer from Ojo Police Station. Oloruntade
testified on the arrest of Onwujekwe on November 5, 2009, following a complaint
concerning the defendant’s alleged piracy of work by a certain Peter Devine.

The battle ahead

The saga of Onwujekwe’s trial continues on July 14 and 15, when
artists will finally get their chance to testify to the ruinous impact of
piracy on their intellectual properties. And with the artistic and
organisational support garnered in the prosecution of the once invincible
‘Alaba King of Pirates’, many believe that the tide may be changing for the
Nigeria entertainment industry.

However, the war against piracy in Nigeria, while finally
making embryonic steps towards implementing a successful penal system for
intellectual theft, may still have some way to go. Even in the light of the
legal proceedings against Onwujekwe, pirates appear seemingly undeterred; and
the practice remains rife. Only recently, NEXT reported the massive piracy of
Mainframe Production’s latest film, ‘Arugba’. The speed of the reproduction,
just days after the movie’s launch, caused filmmaker Tunde Kelani to speculate
publicly that he might have to leave the country.

Commenting on the ongoing trial, Kelani said, “It is certain
now that [Onwujekwe] is the not the only one operating.” The cinematographer
informed that a third pirated version of ‘Arugba’ was released last week, along
with two of his earlier films, ‘The Narrow Path’ and ‘Yellow Card’. Amidst the
gloom, he is heartened by news that the National Film and Video Censors Board
(NFVC) has started raiding pirates in the South West of the country.

Kelani, who once said, “The government agencies have no clue as to what to
do or are intentionally refusing to act,” is also tackling copyright
infringements of his work head on. His lawyers have succeeded in getting
unauthorised full-length versions of ‘Arugba’ taken off YouTube. Nigerians were
responsible for the breach; and one of them has sent Kelani a threatening
email; and boasted about the intention to pirate even his future films. And so
it would seem that the impunity of pirates is far from dented by the current
case against Tony Onwujekwe; and there is a long way to go to reduce the
prevalence of piracy in this country. Much hinges on the outcome of the case
against the ‘Alaba King of Pirates’.