Village Headmaster: Wale Adenuga to pay N20m to Olusegun Olusola’s Estate

Thursday, April 21, 2022 11:49 pm

The late Ambassador Segun Olusola

Akin Kuponiyi

Based on consent Judgement jointly filed before a Federal high court in Lagos south west Nigeria by the parties involved in litigation over the reproduction of Village Headmaster, the coast is now clear for the reproduction of the popular soap opera. Wale Adenuga productions, defendants, agreed to pay 20Million to the Estate of Ambassador Olusegun Olusola as a full and final settlement. The consent Judgement was endorsed by the court on the 14th of March, 2022.

VILLAGE HEADMASTER, which dominated Television screens between 1968 and 1988 re-echoed in court sometime last year over copyright ownership.

Olujimi Olusola, son of Ambassador Olusegun Olusola, had slammed a N101.5billion suit on the Nigerian Television Authority NTA, claiming that his father was the rightful owner of the copyright of VILLAGE HEADMASTER, Olujimi alleges infringement of the copyright of his father’s works.

Joined as co-defendants were Chief Wale Adenuga and his company, Wale Adenuga production Limited.

In a 33 paragraph statement of claim filed before a Federal High Court in Lagos, by a Professor of intellectual property Bankole Sodipo. Olujimi who was suing as Executor and beneficiary to the Estate of Ambassador Olusegun Olusola averred in an affidavit that, the VILLAGE HEADMASTER was authored by his father as an unpublished literary work around 1957 in his capacity and not in the course of employment of any organisation He states as follows: Ambassador Olusola’s original employment in Western Nigeria Broadcasting Service WNBS was transferred to the features section of WNBS.

His terms of employment in the features department did not require him to create a local programme.

There was very little local broadcasting programming in 1958 at WNBS when literary work, the village Headmaster was first adapted for radio broadcast at the WNBS.

None of his colleagues was promoted or demoted for failure to create a radio or television drama series. His 1957 literary work, the VILLAGE HEADMASTER was first adapted for radio by the owner of the intellectual property rights therein and broadcast around 1964.

It was adapted for Television around 1964. But it was not broadcast until 1968.

For over three decades, Ambassador Olusola was confirmed as the creator of the Village Headmaster in all its radio and TV adaptations.

It was broadcast on Television for about ten years before the creation of NTA in 1977.

The plaintiff averred further that by his father’s copyright, he has the exclusive rights to preclude any other person including the defendants and members of their class from producing the literary work, adapting it for Radio, Television, theatre and, like or broadcast it in any form.

Counsel to the plaintiff had previously written NTA to desist from any attempt to infringe on the intellectual property rights of the Village Headmaster.NTA heeded the previous warning.

But NTA had falsely asserted ownership of the copyright in the Village Headmaster on the false assumption that the VILLAGE HEADMASTER was created by Ambassador Olusegun Olusola in the course of his employment with the NTA.

In a press briefing and on its website Wale Adenuga production stated that it has signed an agreement with NTA to produce the village Headmaster which was created by Ambassador Olusegun Olusola

Adenuga has also started recording and producing the Village Headmaster and it will soon start broadcasting it.

The production will feature the same characters created by Ambassador Olusegun Olusola.

Olujimi was claiming N100 Billion damages against the NTA and Adenuga for the infringement of the copyright and allied intellectual property rights of the Village Headmaster. Olujimi was also claiming an additional N500million for passing off the Village Headmaster or the characters herein as if it is the plaintiffs.

He was also claiming N1 Billion damages against the defendants for the unlawful transfer of his father’s intellectual property rights to the Village Headmaster by falsely asserting ownership of intellectual property rights in the Village Headmaster.

However, in a statement of defence filed on behalf of Wale Adenuga Production and Chief Wale Adenuga, a Lagos lawyer, Barrister Ademola Adegbite, relying on a witness statement, denies the claim of the plaintiff.

He says during the lifetime of Ambassador Olusegun Olusola, his copyright ownership was disputed by Sanya Dosumu, his colleague.

Sanya Dosumu is still alive and well and is now the Olowu of Owu kingdom in Abeokuta in Ogun State, as Oba Sanya Dosumu.

Apart from The Village Headmaster, other programmes produce exclusively for NTA were CORK CROW AT DAWN, MASQUERADE, AM EXPRESS by Peter Igoh and others who were late Ambassador Olusegun Olusola’s Colleagues at NTA. Barrister Adegbite, according to the affidavit by Oyeleye Samuel Adenekan contends Ambassador Olusegun Olusola in his lifetime failed to take necessary legal steps to protect his copyright in The Village Headmaster if at all it exists.

Consequently, the facts show beyond doubt that the plaintiff’s claim to the copyright of The village Headmaster is in the realm of imagination without any bearing on the reality on the ground.

The defendants will contend at the trial that the suit is frivolous, gold-digging and without substance and must be dismissed with substantial cost.

He further stated that no valid or subsisting copyright gives the plaintiff exclusive copyright, even if Ambassador Olusola was the copyright owner of the village Headmaster, the right has been extinguished or expired by effluxion of time having been broadcast or published for more than 50 years.

NTA also prays the court to dismiss the plaintiff’s claim for being frivolous, vexatious, and gold-digging.

However, when the matter was mentioned in court, the counsel to the plaintiff, Barrister Femi Fajolu told the court that, the parties are trying to settle the matter out of court.

This position was confirmed by the other two counsels representing the defendants

Consequently, the matter has been finally settled out of court.

Below is how the case went:

Upon the terms of settlement dated the 21st day of January 2022 and filed on the 11th day of March 2022, coming before this Honourable Court for adoption.

Whereof the Plaintiff Olujimi Olusola suing as Executor and beneficiary to the Estate of Ambassador Olusegun Olusola commenced this action against the Defendants Wale Adenuga Productions Limited, Chief Wale Adenuga and Nigeria Television Authority jointly and severally by a Writ of Summons together with other Originating Court processes as follows:

A declaration that copyrights subsist in the work Village Headmaster owned, authored and created by Late Ambassador Olusegun Olusola, the Plaintiff in this case.

A declaration that the contract/partnership between Chief Wale Adenuga, the 2nd Defendant, Wale Adenuga Productions Limited, the 1st Defendant and the Nigerian Television Authority, the 3rd Defendant without the consent or authorization of the Plaintiff constitutes an infringement of copyright of the Plaintiff in the work Village Headmaster.

An order of perpetual injunction to restrain the Defendants whether acting by their directors, officers, servants, agents or otherwise howsoever from infringing the copyright in the Plaintiff’s work, the VILLAGE HEADMASTER.

An order of Perpetual Injunction to restrain the Defendants whether acting by their directors, officers, servants or agents or otherwise howsoever, from passing off the VILLAGE HEADMASTER as if it is the Plaintiffs’ authorized products.

Order of Perpetual Injunction restraining the Defendants from falsely asserting ownership of the copyright and allied intellectual property rights in the VILLAGE HEADMASTER.

N100 BILLION NAIRA DAMAGES against the Defendants for the infringement of the copyright and allied property right in the VILLAGE HEADMASTER.

N500Million damages for passing off the VILLAGE HEADMASTER or the characters therein as if it is the plaintiff

N1Billion damages against the defendants for the unlawful interference with the intellectual property rights in the VILLAGE HEADMASTER by falsely asserting ownership of intellectual property rights in the VILLAGE HEADMASTER.

Order for delivery up or destruction upon oath all infringing articles in the power, possession, custody or control of the defendants

Further or other reliefs.Cost

The parties herein hereby agree to compromise and settle the matter amicably as follows:

It is hereby agreed that the defendants shall pay to the plaintiff (for and on behalf of the Executors and Beneficiaries of the Estate of Ambassador Olusegun Olusola) the sum of N20Million as a full and final settlement in this suit between the plaintiff and the defendants.

It is hereby agreed that the defendants shall pay the plaintiff in the name of the Estate of Chief Olusegun Olusola in the sum of N20Million as the full and final settlement in this suit between the Plaintiff and the defendants

That neither the Plaintiff, its agents, representative, partner, privies or beneficiaries of the Estate of Ambassador Olusegun Olusola nor any other person however so-called shall raise any claims, cause of action and or any question of law whatsoever in respect of the subject matter of this suit and or any other matter related or incidental thereto after the execution of this terms of the settlement.

Plaintiff and the 3rd Defendant NTA shall jointly engage in the future Commercial exploitation of VILLAGE HEADMASTER including by way of film production, television production, theatrical production, musical production, merchandising, animation or advertising.

That these terms of settlement shall be adopted by the parties and delivered by this Honourable Court as the full and final judgment in this suit between the Plaintiff and the Defendants

That the parties shall bear their respective cost incidental to this suit.

After hearing the submission of Professor Bankole Sodipo SAN with Femi Fajolu Esq. counsel for the Plaintiff, Niyi Oloyede Esq. counsel for the 1st and 2nd Defendants, Ajibola Salisu Esq. counsel for the 3rd Defendant adopt the Terms of Settlement.

The court after careful consideration of the application and submission of counsel

It is hereby ordered as follows:

That given the Terms of Settlement executed by the parties and their respective counsel and same having been adopted by consent of the parties, Judgment is hereby entered as the Judgment of the Court between the parties.

Issued at Lagos under the seal of this honourable court and by the hand of the presiding Judge, Justice Lewis Allagoa this 14th day of March 2022.”