Court throws out N5 billion claim against Sinach over ‘Way Maker’

The Federal High Court, Lagos Judicial Division, has dismissed a N5 billion suit filed by Michael Oluwole against gospel artiste Mrs. Osinachi Joseph Egbu (popularly known as Sinach), which sought declarations of co-authorship and co-ownership of the musical work, Way Maker.

The judgment was disclosed in a statement posted by Sinach on her X page on Friday, with a corroborating statement from her record label, Gosgem Records, attached.

In the suit marked FHC/L/CS/402/2024, Oluwole claimed to be an author and co-owner of the song.

The reliefs sought included an equitable sharing of all fees from licences and assignments linked to Way Maker, damages for the alleged infringement of his performer’s rights, and N5 billion in general damages.

According to the statement, Justice A. Lewis-Allagoa held that the plaintiff failed to prove authorship or co-ownership of the musical work, ruling that Way Maker was originally created and performed by Sinach “(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 court observed that the plaintiff was paid for those technical services under an oral agreement.

The court also emphasised that authorship under copyright law is vested in the natural person who created the original expressive content (melody, harmony, lyrics, or arrangement), and no other.

Consequently, Justice Lewis-Allagoa described the plaintiff’s case as “gold-digging and unmeritorious” and dismissed the suit.

Reacting to the development, the Chairman of Slic Inspire Ltd. and Gosgem Records, Joseph Egbu (the companies that manage Sinach), together with Sinach, said the judgment reaffirms Sinach’s sole authorship and ownership of the musical work, Way Maker.

In 2024, Oluwole sued Sinach, claiming co-ownership rights to Way Maker.

However, Sinach’s counsel, Emeka Etiaba, SAN, denied the allegations, maintaining that she is the sole author of the song.

The legal team argued that the song was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, before Oluwole became involved.

The development paved the way for the final judgment.

Federal High Courts are the courts with jurisdiction over copyright matters and have made several pronouncements on such issues over the years.

The case bordered on allegations of the unauthorised use of soundtracks as caller ringback tones.

However, the case was struck out after the AGF, as the chief law officer of the Federal Government, withdrew the charges.