Mohbad: Imperative of engaging competent lawyers before signing contracts
Amid the controversy that surrounded the contract between the late Nigerian rapper and songwriter, Ilerioluwa Aloba, popularly known as Mohbad and his estranged manager, Marlian Record Label, stakeholders have emphasised the importance of engaging the services of competent entertainment lawyers before signing all formal contracts in the industry, NGOZI EGENUKA reports.
THE death of Ilerioluwa Aloba popularly known as Mohbad, a rapper, singer and songwriter, was arguably one of the most painful incidents in the entertainment industry in 2023 that got all Nigerians talking and expressing sympathy.
Born in 1996, Mohbad was best known for his hit songs “Ponmo,” “Peace,” “Beast and Peace,” “Sorry”, “Feel Good,” and “KPK ( Ko Por Ke)” with Rexxie, which was nominated three times for The Headies awards 2022. He was also nominated on other platforms.
He died on September 12, 2023 under controversial circumstances. Six days after his death, he ranked number 1 on Turntable’s Official Artiste Top 100. He was formerly signed to Naira Marley’s Marlian Records and left the label in 2022.
There were many accounts to the cause of his death. For instance, Lagos State Police confirmed that there was a physical altercation between Mohbad and his childhood friend, Primeboy, in Ikorodu, which eventually led to Mohbad’s death due to injuries he suffered during the fight. Another was the alleged bullying by his former label mates, Naira Marley, Zinoleski and others. There is also an account that he died after being treated for an infection by an unlicensed nurse, who was later arrested. While the dispute about the death of Mohbad raged, the nature of his contract with Marlian Record Label threw up an interesting dimension to the conflict. Before his death, he had been in court trying to retrieve many of his songs and unpaid royalties, which he claimed were wrongfully held by the Record Label.
Certainly, unhappy with developments, he terminated his contract with the Record Label in 2022 citing unpaid royalties from 2019 and received serious fightback from the Label for undisclosed breach of contract, some of which allegedly turned violent.
According to the letter issued through Mohbad’s legal representative, Naira Marley, owner of Marlian Record, failed to pay Mohbad all royalties for music he made throughout his three years’ time with the record label, last year.
The letter also cited cases of physical assault against Mohbad.
Through the deceased verified Instagram account @ iammohbad, his new management stated that they would continue the fight to retrieve his royalties and catalogue from Marlian Records.
There are also allegations that a signee of the same music label, popularly called Zinoleesky, had most of his assets bought under Marlian records rather than the artist’s name.
Before one signs any legal document, whether as entertainer, business people or whatever, it has been advised that a lawyer needs to be present throughout the process.
Although some notable names comply with this, there are still people, especially wannabes, who think that consulting a lawyer is unnecessary for various reasons, such as the cost of professional fees, but later pay dearly for signing toxic contracts.
Amplifying the importance of legal counsel
in signing contracts, Efosa Obhahin- Mejele, a lawyer, said because of issues around hidden or exemption clauses, profit and loss sharing, succession in terms of death, terms and conditions of the agreement, exit strategy, conflict resolution and others, one needs a lawyer to explain and canvassed his or her interest.
“Legal counsel is very important because of the clauses involved, like the profit margin, the profit and loss sharing, non- disclosure agreement, succession in terms of the death of any party on whether their next of kin can be entitled to the profit they were entitled to.
“What are the terms and conditions of the record label? And would there be creative control? How would conflicts be resolved, through negotiation, mediation or in the law courts? Issues also around exiting the record label and the period within which such notices would be given are important conversations the lawyer can navigate,” he pointed out.
Partner, Infusion Lawyers, Stephen Azubuike, said a lawyer is a worthy company in any form of business or contractual undertaking, because they are most equipped with the requisite legal knowledge, and are thoroughly trained to assist in contract negotiations and drafting.
He added that their input cannot be overemphasised, as they are capable of not only dealing with negotiations and drafting, but in identifying loopholes, areas of advantage, as well as certain proposed terms which the law view as unfair, unconscionable and sometimes, unenforceable.
He noted, however, that engaging lawyers with specialist knowledge in a given field or industry is essential because they understand the key issues pertaining to that industry and the material clauses to consider.
“For instance, in the entertainment space, you need to hire lawyers who appreciate the business of creatives, and are vast in Entertainment Law, Intellectual Property Law, and a corresponding blend of Technology Law.
“Ultimately, lawyers work to promote their clients’ interest in every contract. Neglecting their relevance could sometimes prove a costly mistake which you don’t want to make,” he said.
Chairperson, Nigerian Bar Association Section on Business Law ( NBA- SBL), Sports, Entertainment and Media Committee, Beverley Agbakoba- Onyejianya, said unethical practices such as abuse, whether emotional, physical or whatever form it takes, which are rampant in the entertainment and sports industry must be condemned.
She explained that these abuses occur because most times, individuals are treated as assets, neglecting the dignity they are entitled to as humans.
Urging entertainers on the relevance of having a knowledgeable lawyer handle their business, she said such steps saves one from losses such as reputational risks or losing rights to the master’s copy of their music. “The ability to exploit your music and get its copyright becomes limiting because if you sign away ownership and authorship, it means you have very limited opportunities to make any income.
“You most likely have to get permission from the managers or label before you can perform in public, so it depends on the nature of the contract.
“Some people lose everything because they end up signing contracts that bind them for many years. So, we must do business in a way that won’t put any one’s right under duress,” she stressed.
Insisting that contracts should not be signed when the signee has little knowledge about it, Agbakoba- Onyejianya, stated that talents and business people who want to pivot into these industries need to seek legal experts that understand the nuances of these sectors.
“For anyone that dreams of being famous, it’s important that you carry people you trust along, and those people should make sure you get legal counsel that can ensure your best interest is represented,” she advised.
She added that though there are talks that lawyers are expensive, getting them saves the individual a lot of damages.
Also, partner and head Intellectual Property & Technology Law Department of the SPA Ajibade & Co, Dr. John Onyido, said in most business transactions and contract negotiations, failing to seek legal counsel before signing any document can have dire consequences.
Many clients, he noted, only consult a lawyer after problems have become apparent, expecting the lawyer to rectify mistakes that have already been made.
According to him, this remedial approach is an inefficient way to deploy the expertise of a lawyer.
He explained that engaging a lawyer in the contract review process significantly enhances the likelihood of successful contract negotiations.
Moreover, the time and effort dedicated to reviewing and negotiating a contract, he said, are minimal compared to the extensive hours a lawyer might expend when involved in resolving a dispute for a breach of contract claim.
“Therefore, it is crucial to have a lawyer accompany you before affixing your signature to that contract,” he warned.
According to him, the service of a lawyer helps simplify complex terms and legal language found in contracts, protects intellectual property rights, ensures compliance with laws and regulations and to ascertain whether terms of the contract are favorable.
His words: “For entertainers and businessmen, the nature of their dealings usually involves the use and application of a variety of IP rights, which they need to protect. Each of these IP rights are subject to differing legal principles and protection mechanisms.
“Thus, engaging a lawyer before the signing of their contracts would help them effectively safeguard and manage their IP assets.
“The legal landscape regarding contracts can differ based on both the geographical jurisdiction and specific industries affected. Lawyers can play a crucial role in guaranteeing that the contract adheres to all relevant laws, thereby assisting a client in steering clear of potential legal disputes and associated penalties.
“It is a lawyer’s responsibility to review the obligations of a client in a contract and assess whether it raises any concerns detrimental to the client. Contractual obligations, that appear harmless or not threatening on the surface, may have hidden or unexpected consequences.
“A well- trained lawyer ensures that a contract aligns with the interests and goals of a client, as this would save the individual from falling into avoidable pitfalls.”
Recount that within the early 2010s, there were more reports of altercations between record labels and artists.
For instance, Wizkid v. EME records, where the former was accused of breaching the contract agreement, which required him to drop five albums within five years ( 2011- 2015). Wizkid allegedly dropped only two albums. Wizkid’s response to this was “LOL.”
In 2018, Kizz Daniel suddenly pulled out of the G- Worldwide records owned by Emperor Geezy. The latter went to court to get an order to bar Kizz Daniel from performing under the name “Kiss Daniel.” That is why he dropped the “ss” for the “zz”.
In the entertainment space, you need to hire lawyers who appreciate the business of creatives, and are vast in Entertainment Law, Intellectual Property Law, and a corresponding blend of Technology Law. Ultimately, lawyers work to promote their clients’ interest in every contract. Neglecting their relevance could sometimes prove a costly mistake, which you don’t want to make.