Court Dismisses ₦5bn Copyright Suit Against Sinach “Way Maker”

A Federal High Court in Lagos has dismissed a ₦5 billion copyright lawsuit filed against internationally acclaimed Nigerian gospel singer Osinachi Joseph Egbu, popularly known as Sinach, over her globally celebrated worship anthem, Way Maker.

Delivering judgment in Suit No. FHC/L/CS/402/2024 on Friday, Justice A. Lewis-Allagoa held that the plaintiff, Michael Oluwole, failed to prove his claim that he co-authored or co-owned the award-winning song.

Oluwole had asked the court to declare him a co-author and co-owner of Way Maker, grant him a share of the song’s royalties and licensing income, recognise alleged infringement of his performer’s rights, and award him ₦5 billion in general damages, among other reliefs.

However, the court found that the evidence showed Sinach had already written and performed Way Maker before engaging Oluwole to mix and master the song for its commercial album release in 2015.

According to the judgment, the plaintiff was hired under an oral agreement and was duly compensated for providing technical production services.

Justice Lewis-Allagoa ruled that copyright authorship belongs to the person who creates the original expressive elements of a musical work, including its melody, lyrics, harmony or arrangement.

The court further held that music producers, sound engineers and session contributors do not automatically become authors or co-owners of a song simply because they provide technical or instrumental support, unless they contribute original creative expression to the work itself.

During cross-examination, the court noted that Oluwole admitted Sinach had brought him an already existing song, which he merely assisted in developing into its recorded version.

Describing the suit as “gold-digging and unmeritorious,” Justice Lewis-Allagoa dismissed all the plaintiff’s claims.

The judgment is regarded as a significant reaffirmation of copyright principles in Nigeria’s music industry, particularly regarding the distinction between creative authorship and technical production services.

Way Maker, one of Sinach’s most celebrated songs, has gained worldwide recognition since its release, with numerous international renditions and translations, making it one of the most influential gospel songs to emerge from Africa.