A commercial model, Mr. Joshua Adigwe has sued MTN Communications Nigeria Limited and its agency following an alleged annulment in contract.
Mr Joshua Adigwe who is being represented by Julius Ajibulu Esquire claims that MTN is infringing on his right by making use of his face, body, and photographs, for advertisement without his consent nor renewal of the contract.
The applicant joined as responders to his suit: VIRTUAL MODELLING AGENCY, DDB Lagos Limited, and MTN Nigeria Communications Plc, being 1st, 2nd, and 3rd defendants respectively.
Per the suit numbered LD/10721GCMW/2023 filed in the Federal High Court, Lagos Division, as obtained by SYMFONI NEWS, the Claimant maintains that the defendants used his face, bodily structure and photographs for advertisement of MTN yafun yafun bonus tariff package without his consent or authorisation.
According to the Claimant’s Counsel, Barr. Julius Ajibulu, “the claimant had a contractual agreement with the defendants to advertise the MTN yafun yafun bonus tariff package and the contract was supposed to subsist for a period of one year, starting from 2020 – 2021. But after the expiration of the contract in July 2021, the defendants continued to showcase the face, bodily structures and photographs of the claimant for the advertisement of the third defendant’s MTN yafun yafun bonus tariff package which is unlawful and illegal.
“The consent of the claimant herein was not sought to the continued usage under which he approached the defendants for an amicable settlement of the continuous usage of his face and bodily structures for the advertisement of the MTN yafun yafun bonus tariff package. The defendants recalcitrantly declined to discuss compensation and damages for the continuous usage of his face and bodily structures and photographs, and all entreaties made in that regard for compensation to be made proved abortive.
“Apart from that, the third defendant, without the consent and authorisation of the claimant, proceeded to use the face of the claimant for the advertisement of the MTN SIM Card sales. The face and advertisement was everywhere, whereas there was actually no contract on that basis. So, it was an extension of the usage of his face for the MTN yafun yafun bonus tariff package for which the contract had elapsed in July 2021….”
In his affidavit, the claimant seeks a declaration that he suffered wrong as a result of the breach of contract, infringement of right of trade and copyright, infringement of his fundamental human rights by the defendants for which he is entitled to damages to the tune of N50,000,000.
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