Lagos - A Federal High Court in Lagos on Tuesday, vacated an interim order of injunction which restrained famous Nigerian Artiste, Olawale Ashimi alias “Brymo”, from releasing any musical work.
Justice Ibrahim Buba had issued an interim order on October 21, 2013, restraining the singer of “Ara” fame, from releasing or distributing any musical work, pending the determination of a substantive suit against him.
A record label, Chocolate City, had filed an exparte motion on October 21, 2013, seeking an order restraining the artiste from recording any musical work, pending the determination of the substantive suit.
The plaintiff averred in their motion paper that their contract with the singer was still valid till 2016, and urged the court not to allow him to renege on the contract.
The company urged the court to make an order restraining the defendant from composing or releasing any musical work for any other person or label other than Chocolate City, until the main suit is heard.
In his ruling, Justice Buba had made an interim order, restraining Ashimi from releasing, composing or distributing any musical works for the benefit of any person or organisation other than Chocolate City, pending the determination of the suit.
He had then adjourned the case to March 4, for hearing of the main suit.
At the resumed hearing of the suit on Tuesday, Counsel to the defendant Nike Olagbende, prayed the court to reconsider the interim order which restrained the singer from releasing any musical work.
She argued that if the order was sustained, it would cause hardship on her client, who she said, was a creative artiste that should not be left idle.
Olagbende, therefore, prayed the court to exercise its discretion in the interest of justice, since the defendant had no other business but singing.
Counsel to the plaintiff, E.O. Lawal, who opposed the application of defence counsel, said the order would not put financial constraints on the plaintiff.
He, therefore, urged the court to refuse the request as prayed by defence counsel.
In a short ruling, Justice Buba vacated the interim order he made on October 21, 2013, and ordered accelerated hearing of the case.
“Asking the defendant not to record or release any musical work is like signing a footballer and keeping him on the bench without allowing him play.
“The interim order made on October 21, 2013 is hereby vacated while an order of accelerated hearing of the case is made this day,” the judge ruled.
He adjourned the case till March 19 for hearing.
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