Why gospel singer Sinach is facing 5bn Naira legal suit

Internationally renowned gospel music singer, Osinachi Joseph Egbu aka Sinach has denied claims by music producer Michael Oluwole (Maye), that she is guilty of copyright infringement.

The Federal High Court sitting in Lagos State adjourned until January 29 and 30, 2025, a 5 billion Naira alleged infringement suit filed against the artiste by the record producer.

The plaintiff, in suit number FHC/L/CS/402/2024, seeks a declaration from the court that he is an author and co-owner of the musical work Way Maker.

He is also demanding general damages of N5 billion for alleged cumulative infringements of his rights.

The matter, instituted in the Federal High Court, Lagos Division, in March 2024, was not heard on May 2, the date initially fixed for proceedings, and was subsequently adjourned to May 27, 2024.

On the adjourned date, the court sat, but the hearing could not proceed because the defendant’s processes had not been regularised.

The matter was then adjourned to July 21, 2024, for a hearing.

When the matter came up for hearing on the adjourned date, the court stated that it would first hear the preliminary objection before the commencement of the trial.

Following the proceedings, the case was adjourned to October 14 for the hearing of the Preliminary objection.

On October 14, however, the defendant opted not to proceed with the objection but to go to trial instead.

The case was adjourned to November 27 for trial.

The trial commenced on November 27, 2024. Proceedings began with the Prosecution Counsel, led by Justin Ige, examining the plaintiff.

The prosecution witness and plaintiff, Oluwole, affirmed his statement on oath and sought the court’s relief to grant his prayers in the case.

During cross-examination by Defense Counsel Emeka Etiaba (SAN), the plaintiff was questioned on his statement on oath and the reliefs sought.

The defense counsel opposed the plaintiff’s claims of co-ownership and co-authorship of the musical work, Way Maker.

Etiaba also objected to the admissibility of four documents, arguing that they were electronically generated without a certificate of compliance.

The Prosecution Counsel referred to an adjustment in the Evidence Act under Section 84, as amended, pointing out a repeal of the requirement for a certificate of compliance in the tendering of electronically generated documents.

However, the presiding judge, Justice Ambrose Lewis-Allagoa, rejected the documents for non-compliance with court requirements.

The court cautioned both counsels to ensure tidy proceedings and avoid frivolous processes to facilitate the timely resolution of the case.

After taking arguments from the prosecution, the court adjourned until January 29 and 30, 2025, for the defense to present its case.

The verdict in the suit could set a significant precedent for intellectual property disputes in Nigeria’s music industry.

The plaintiff is seeking, among other reliefs, an order mandating that in the absence of a written agreement between him and the defendant, all fees from licenses or copyright assignments for Way Maker be equitably divided between them as co-owners.

The plaintiff also requests the court to:

Determine an equitable division of fees as either an equal share or another proportion deemed appropriate.

compel the defendant to disclose all licenses and copyright assignments related to Way Maker, account for all accrued fees, and pay the plaintiff his share;

declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording;

affirm that the plaintiff’s performer’s rights were infringed upon; issue a perpetual injunction restraining the defendant from further reproduction, distribution, or public performance of Way Maker or any adaptations thereof.

Through his counsel, Justin Ige of Creative Legal, the plaintiff asserted that he worked as a studio engineer on Way Maker, recording, mixing, and mastering the song.

He claimed to have created and performed several instrumental accompaniments, including piano, strings, and synthesisers, without transferring his performer’s rights.

The plaintiff alleged that the defendant released Way Maker commercially in December 2015, incorporating his instrumental contributions without compensation or agreement.

He further claimed that the defendant granted licenses for the song without sharing the proceeds, describing her actions as deliberate and oppressive.

In response, the defendant, through her counsel Emeka Etiaba (SAN) of Etiaba Chambers, denied the plaintiff’s claims.

She argued that she had achieved global recognition before Way Maker and asserted sole authorship of the song, which she said was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, before the plaintiff’s involvement.

The defendant maintained that the plaintiff’s role was limited to mixing the master recording, a service for which he was paid.

Sinach denied any obligation to enter into a written agreement with him and insisted that he was not entitled to performer’s, copyright, or publishing rights.

Waymaker

Millions worldwide have sung “Waymaker” since it was released.

In the past few years and until today, the song continues to make history, bringing an impact to the world.

It reached the top spot in the Christian Copyright Licensing International Top 100 songs in June 2020.

Moreover, “Waymaker” has been covered by more than 60 well-known Christian recording artists.

Also, the worship song’s official music video has currently reached over 210 million views on YouTube.

But unbeknown to the world was a story of Sinach’s personal encounter with God that led her to write the song.

The Story Behind
In an interview with Simisola Okai on TPi, Sinach shared the story behind “Waymaker.”

It started when she entered a new season in her life. The singer felt God leading her to a new level in her ministry.

However, she felt nervous because she was already comfortable with her present circumstance.

“I felt I was like a fish out of the water because I was going to a kind of area where I haven’t been before,” she recalled. “And the Lord was pulling me in that area.”

Sinach admitted how it didn’t bring great comfort to her. She didn’t want to move. But amidst her overwhelming circumstance, she chose to latch deeper into the Presence of God. And as she sought the face of God, He spoke a revelation to her.

God highlighted Abram’s story to Sinach, where “He told him to leave his people, his comfort zone.”

“And he took him out to a place where He will show him,” the singer detailed. “He didn’t even explain everything.” But God promised Abram that He would make his name known and make him great.

“All that promises, it was just a promise.. but the Bible said Abram believed God and he left his comfort zone,” Sinach added. “That’s when the Lord gave me the song. He said, ‘Oh see, I’m your Waymaker.’”

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