Kaaba roof cleaning today

Man files N1.5bn suit against Nigerian Breweries over alleged copyright infringement

 An Abuja-based graduate, Paul Oche, has filed a N1.5 billion suit against the Nigerian Breweries PLC over alleged copyright infringement.

Oche, in a suit filed before Justice Binta Nyako of the Federal High Court, Abuja, is claiming a sum of N1 billion as aggravated and exemplary damages against the company for unlawfully, capriciously, maliciously and contemptuously infringing on his copyright in the intellectual literary work, titled; “The Amstel Factor; an Amstel Malta Guide on How to Be the Best You Can Be.”

In the suit instituted through his counsel, Paul Ekweume, the plaintiff is also claiming another sum of N500 million as general damages over unlawful use of his copyright.

Besides monetary demands, the plaintiff sought for an order of perpetual injunction, restraining the defendants, their agents, servants and privies from further infringing by way of unlawful use, adaption and derivation on his copyright.

The News Agency of Nigeria (NAN) reports that while the Nigerian Breweries PLC is the 1st defendant, DDB South Africa, Mr samsomp Oloche and Heineken BV Netherlands are 2nd to 4th defendants respectively.

In his statement of claim, Oche averred that he authored the Amstel Factor Book as well as a proposal and power point presentation made to promote the Amstel Malta drink brand.

As part of efforts to promote the Amstel Malta brand in Nigeria, the plaintiff claimed that the brewery launched a new credential campaign sometimes in 2016 with the slogan: “Why Add More” and published it on all its social media forums, websites and bill board adverts as well as videos and graphic designs based on the campaign.

He further claimed that he spent several years engaging in various intensive academic researches and eventually gathered the necessary materials which culminated into his writing a book: “The Amstel Factor, An Amstel Malta Guide on How to Be the Best You Can Be;” a proposal and a power point designed to pictorially and graphically demonstrate his works on the electronic media, television and motion pictures.

He said that in 2015, he travelled to the breweries’ headquarter in Lagos and submitted the book and the proposal to the Brand Manager, adding that after the submissions, he waited patiently for a formal invitation by the company to deliver his campaign but was not given acknowledgement of receipt of his book.

The plaintiff said in February 2016, he visited the LinkedIn online profile of one Samson Oloche, the 3rd defendant in the suit, who at the time was the Consumer and Market Intelligence, Digital and Media Manager of the company.

He further averred that he informed the said Oloche how he submitted a proposal in 2015 to Amstel Malta Brand Manager but did not receive any response, adding that the 3rd defendant provided him with his email address, where he then forwarded the power point presentation and proposal and that he got a promise that the right person in the breweries would see and evaluate his work.

He stated that in 2016, he stumbled upon a new Amstel Malta campaign online tagged: “Why Add More.”

He added that without seeking his permission, the breweries used his literary work in the brand campaign and refused to give credit to his work.

Oche further stated that a complaint was lodged with the Nigerian Copyright Commission and that series of meetings were held during which the 3rd defendant admitted receiving Amstel Malta Brand campaign proposal and power point presentation but later claimed to have deleted the materials and that he did not submit it to the appropriate authority.

At the mention of the case on Tuesday, the plaintiff, through his counsel, Ekweume, said he filed a motion on notice for an Interlocutory Injunction, restraining the defendants from further use of his copyright in the activities of the giant brewery lined up for the year.

Although counsel to the 1st, 3rd and 4th defendants, Amina Ibrahim, said she had not been served with the motion, the claim was found to be false.

Counsel to the 2nd defendant, Joseph Osayande, who admitted service of the motion on Dec. 4, asked for time to respond.

Following bitter complaint on the alleged continuous infringement of the copyright and the refusal of the respondents to admit responsibilities, Justice Nyako ordered status quo to be maintained by parties in the suit.

She noted that issues had been joined in the suit.

The judge, who directed the company to continue the sale of the already packaged branded Amstel Malta, ordered that further campaign on the new branded Amstel Malta being handled by DDV of South Africa be put on hold pending the determination of the main suit.

Justice Nyako got infuriated when Osayande, counsel to DDB of South Africa, challenged the order of status quo, prompting the judge to warn the lawyer and his client against flouting the order of the court.

“If you campaign on the subject matter of this suit, it is contempt of court.

“I will descend heavily on you as a counsel because I have warned you and have cautioned you in the open court on the consequences of prejudicing the court,” she held.

The judge adjourned the matter until Jan. 20 for hearing.

U.S. Universities Offer $7.5m in Scholarships to Nigerian Students

More than 303 Nigerian students from the 17 states of southern Nigeria have received no less than $7.5 million in full or partial scholarships from 225 American universities and colleges to study in the United States for the 2019-2020 academic session.

Acting United States Consul General Osman Tat disclosed this in Lagos on Tuesday during the 2019 EducationUSA pre-departure orientation for students who have received offers of admission and scholarships to attend U.S. colleges and universities this fall.

Noting that the U.S. remains a top destination for international students, Acting Consul General Tat explained that the list of acceptances for Nigerian students for the upcoming academic year has been quite impressive, cutting across many of the 50 U.S. states.

“I congratulate each one of you on your tremendous success. This is a very important step in your life. I encourage you to make the most out of your time in the United States to acquire the requisite skills and knowledge needed to support Nigeria’s development,” Tat told the group of U.S.-bound students.

The students have been accepted for undergraduate and graduate degree programs at top notch U.S. institutions ranging from Ivy League universities, liberal arts colleges, women’s colleges, Historically Black Colleges and Universities (HBCUs), to community colleges.

They include Stanford University, The George Washington University, Johns Hopkins University, Purdue University, Tufts University, Boston University, Emory University, and Howard University, among many others.

The pre-departure orientation is intended to assist students to prepare for their move from Nigeria to attend a college or university in the United States. The event included interactive sessions on topics such as travel planning, adjusting to life in America, safety on campus, and F-1 visa rules for international students.

Participants also had the opportunity to meet with students currently studying in the United States who offered tips on how to prepare for the U.S. academic, social, and cultural environment.

Among the departing students are 13 EducationUSA Opportunity Fund grantees —10 undergraduate and 3 graduate students, with full scholarships — who received financial aid to cover the up-front cost of obtaining admission.

Annually, through the Opportunity Fund Program, the U.S. Consulate’s EducationUSA Advising Centre assists talented low-income students who are good candidates for admission to U.S. colleges and universities, by funding their application process.

According to the latest Open Doors Report, published annually by the Institute of International Education, Nigeria is the 13th highest sending country of international students to the U.S., with about 12, 693 Nigerians currently studying in the United States.

Supplementary polls: I never directed electorate to vote particular candidate---Buhari

PRESIDENT Muhammadu Buhari has advised the electorate to vote their preferred candidates in the Supplementary election.

The President in a statement by his Senior Special Assistant on Media and Publicity, Malam Garba Shehu in Abuja on Saturday said that there was no time he directed the electorate to vote for any particular person or party.

 "I believe in the will of the people, and I cannot, therefore, put pressure on voters to elect leaders they don't like,’’ the President said emphatically.

President Muhammadu Buhari called on Nigerians to come out en masse and participate in the supplementary elections scheduled for 17 states on Saturday, March 23, 2019.

Thanking voters for re-electing him for a second term in office, he said he would never forget their sacrifices in defying harsh weather conditions to vote for him.

The President said: ‘‘I was deeply overwhelmed by your show of incredible confidence in me, and I will never let you down. Thank you for your sincere show of support for me.’’

He appealed to voters not to get tired of coming out to vote in the supplementary elections, adding ‘‘these elections are no less important than others before them.’’

The President appealed to voters to vote for the candidates they believe will deliver on promises because it is their “constitutionally guaranteed democratic rights.’’ 

 He dismissed rumours and insinuations that he was forcing voters to elect candidates other than those they preferred.

 Describing the rumours as baseless, the President said at no time did he give instructions that the electorate should vote particular candidates.

President Buhari also called on INEC and security agencies to ensure that the supplementary elections are conducted peacefully and in accordance with the law and constitution. 

The President assured Nigerians that he is ready to work with elected representatives of the people regardless of party platforms on which they are elected.

President Buhari said he will work in the best interest of the country and democracy. 

Atiku, PDP hail Adeleke’s victory at Osun governorship tribunal

The Peoples Democratic Party, PDP, has lauded the verdict of the Osun State governorship election tribunal, which upheld the victory of its candidate, Senator Ademola Adeleke on Friday, describing the judgment as a victory for democracy and the will of the people.

In a statement signed by its spokesman, Kola Ologbondiyan, the party described the judgment as "a clear indicator that those who set out to destroy our democracy can never triumph and that no matter how evil and injustice appear to thrive, the truth must always prevail at the end of the day.

Jubilation in Ede

The statement further read: "Nigerians have accepted democracy as a way of life and a form of government that suits the multi-plurality of our nation.

"The spontaneous jubilation that greeted this judgment is, therefore, a direct indication that it is in consonant with the wishes and aspiration of Nigerians across the board.

"For those who have been desperate to destroy our democracy, this judgment has proven to them that their shenanigans will always come to no avail.

"The PDP commends the judiciary for standing upright in the defence of democracy and for ensuring that those involved in the rapacious desecration of our democratic norms will never succeed.

"This verdict, which reverberates across our nation, points to the fact that the truth will always prevail and that our party, the PDP, will recover all our stolen mandates in the 2019 general elections, particularly, the Presidential mandate, which Nigerians freely gave to our candidate, Atiku Abubakar.

"Furthermore, all our candidates who have already won their elections, but whose victories are being manipulated by anti-democratic forces, must take solace in the words of the Osun election petition panel, that once valid votes have been declared and a winner emerges by majority of votes, a rerun is illegal."

The party congratulated Senator Adeleke, the good people of Osun state as well as all lovers of democracy across our country "for the triumph of justice over impunity, abuse of electoral processes and unfettered political rascality."

Meanwhile, Atiku has hailed the judgment, describing the judiciary as "defender of our democracy." In a tweet on his verified twitter handle, @atiku, the former Vice President wrote: "Truly, the judiciary is the last hope of the common man and the defender of our democracy. Congratulations Senator Ademola Adeleke. "

Similarly, the Coalition of United Political Parties, CUPP, while reacting to the ruling described the development as the affirmation of the supremacy of the ballot.

In a statement issued by its spokesman, Ikenga Ugochinyere, the group said it

received with joy the news of the declaration of Senator Ademola Adeleke as the winner of the Osun State governorship election by the Osun Governorship Election Petition Tribunal.

The statement reads: "The CUPP sees the judgment of the tribunal as a victory for democracy and affirmation of the supremacy of the sanctity of the ballot.

"The tribunal has given hope to Nigerians with this courageous decision to sack the governor who was foisted on the people of Osun State through the barrel of gun instead of the ballot.

"The rampaging electoral robbery of the Muhammadu Buhari's All Progresives Congress, APC, is beginning to crumble in their face with the determination of the judiciary to stand firm, despite monetary inducements and threats.

"Today's (yesterday's) judgement has reinforced the hope of the opposition that there are still men and women on the bench who, even in the face of rampage to destroy the judiciary, can still stand firm and do the right thing.

"We are hopeful that the Appeal Court and Supreme Court judges will be bold enough to send the 2019 mandate thieves out office when the time comes."