The Federal High Court, Lagos Judicial Division, has dismissed a suit filed by Michael Oluwole against gospel artiste Mrs Osinachi Joseph Egbu (popularly known as Sinach) seeking declarations of co-authorship, co-ownership, and related reliefs over the globally acclaimed musical work “Way Maker.”
In Suit No. FHC/L/CS/402/2024, the Plaintiff claimed to be an author and co-owner of the song, sought equitable sharing of all fees from licences and assignments, alleged infringement of performer’s rights, and claimed ₦5 billion in general damages, among other reliefs.
Delivering judgment over the copyright claim on Friday 24th July, Hon. Justice A. Lewis-Allagoa held that the Plaintiff failed to prove authorship or co-ownership of the musical work.
The Court found that the song “Way Maker” was originally created and performed by the Defendant (including a prior performance in South Africa) before the Plaintiff was engaged to mix and master the already existing work for commercial album release in 2015. The Plaintiff was paid for those technical services under an oral agreement.
The Court emphasised that authorship under copyright law vests in the natural person who creates the original expressive content (melody, harmony, lyrics or arrangement). A producer, engineer or session contributor does not become an author merely by providing technical or instrumental support unless they create original expressive content.
The Plaintiff’s own evidence and admissions under examination confirmed that the Defendant brought an existing song which he then developed into a recorded musical work for a fee.
Justice Lewis-Allagoa described the Plaintiff’s case as “gold-digging and unmeritorious” and dismissed the entire suit.Counsel to the Defendant was Emeka Etiaba, SAN (with Omolola Aderolu and O.G. Ofomata). Matthew Enilobo appeared for the Plaintiff.
The Chairman of Slic Inspire Ltd and Gosgem Records, Joseph Egbu (companies that manage Sinach), together with Sinach, express profound gratitude to the legal team led by Emeka Etiaba, SAN, for their diligent and professional representation that secured this favourable outcome.The judgment reaffirms the Defendant’s sole authorship and ownership of the musical work “Way Maker.”