Kenny Ogungbe In African Queen Palaver

By Akin Kuponiyi

A performing artiste, Mr. Kunle Odutayo, performing and carrying on musical and entertainment business under the name and style of “Kunle”, has slammed a N10 million suit on a music producer and promoter, Mr. Kenny Ogungbe, also known as “Keke” Ogungbe, trading under the name and style of Kennis Music, over an alleged infringement of a copyright music entitled “African Queen.”

In a statement of claim and particulars of infringement filed before a federal high court by the law firm of Olawoyin and Olawoyin, it was alleged that in 2002, Kunle Odutayo approached Mr. Kenny Ogungbe with the aim of securing a release and marketing contract in Nigeria with respect to the plaintiff’s “Ayo” album released that year.

In the course of negotiations, the defendant proposed that the plaintiff produced a jazz/guitar version of one of the three songs done by an artiste under the defendant’s label.

Upon selection of African Queen by Tuface Idibia, he made jazz/guitar version of same and sent the recording to the defendant.

The plaintiff averred further that he is the copyright owner of the jazz/guitar version of African Queen, being an original expression in a new jazz form of a pre-existing musical work by Tuface Idibia, and having expended sufficient effort and labour on the pre-existing musical work to give it an original character.

However, in February 2006, the plaintiff was surprised to hear this recording aired on the radio and proceeded to inform his agent of the release of his composition in Tuface Idibia’s album Face 2 Face which was at that time being marketed and sold by another music company, EMI, South Africa.

Mr. Kenny Ogungbe allegedly admitted that there was no agreement between him and the plaintiff to that effect, and had in fact, released the said record without the plaintiff’s consent being obtained first.

Subsequently, the plaintiff discovered that the recording was not only released by the defendant in Tuface Idibia’s album, but slated on the sleeves of the album was African Queen (Jazz version featuring Kunle).

Consequently, the above act was carried out by the defendant without the plaintiff’s consent, and that the defendant has wilfully and continuously infringed on the plaintiff’s copyright in the said recording without respect for his intellectual property rights as well as the goodwill in his name “Kunle.”

In view of this alleged infringement, the plaintiff is now urging the court not only to restrain Mr. Kenny Ogungbe and his agent from further infringing on the jazz/guitar version of the African Queen but to also order him to pay N10 million as general damages for loss of control and infringement of copyright in the jazz/guitar version of African Queen, and loss control of income and hard earned international reputation in the goodwill of the name “Kunle” and or conversion.

The plaintiff is also demanding N1 million as cost for this action.

Justice Binta Murtala Nyako has adjourned for further hearing.