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ARTICLE · 07 MAY 2026

The Evidentiary Threshold In Copyright Litigation: A Strategic Guide For Lawyers And Creatives

As Nigeria’s creative economy continues to flourish, its intellectual property landscape is evolving just as rapidly. Yet, when disputes arise, the courtroom demands more than perceived similarities or a sense of unfairness. Under the Copyright Act 2022, the statutory bedrock for protecting creative expressions, a successful infringement claim must be firmly anchored in strict evidentiary proof.

NigeriaIntellectual Property
Abayomi Osuntuyi
Abayomi Osuntuyi
Odunayo Akinsanya
Odunayo Akinsanya

Introduction

As Nigeria’s creative economy continues to flourish, its intellectual property landscape is evolving just as rapidly. Yet, when disputes arise, the courtroom demands more than perceived similarities or a sense of unfairness. Under the Copyright Act 2022, the statutory bedrock for protecting creative expressions, a successful infringement claim must be firmly anchored in strict evidentiary proof.

This reality was brought into sharp focus by two recent Federal High Court decisions: Walls and Gates Ltd & Anor v. MTN Nigeria Communications PLC1 (6 January 2026) and Veno Marioghae Mbanefo v. Airtel Network Limited2 (26 January 2026). Both cases involved allegations of unauthorised use of creative works by telecommunications companies, yet they produced starkly different outcomes.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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