Majek Fashek: Timi Dakolo shows proof he paid Charles Novia and Efe Omoregbe’s NOW Muzik for ‘Send Down the Rain’

In Uncategorized by Africa Music Law™2 Comments

Charles Novia, in light of the allegation by Majek Fashek, that Timi Dakolo never had the right to remake/remix his music, has produced an agreement showing Charles Novia was the licensor of Fashek’s work to Timi Dakolo. He also produces the receipt issued and signed by Efe Omoregbe of NOW MUZIK, a management company, for 500,000 Naira partial payment. It appears NOW MUZIK works in conjunction with Novia in allegedly managing the licensing of Fashek’s music catalogue.

While Novia shows these documents, what he is yet to show is the actual agreement between him and Fashek or Fashek’s legitimate representative giving Novia the right to license his work. Also critical is whether any agreement entered into by Novia and Fashek, if at all, can be said to be a valid contract, given the extensive history of substance abuse (and many times incoherent mental state) we know and are aware of with Fashek during the alleged period of contracting.

Indeed, late last year, in an interview with ThisDay Newspaper, Fashek accused Novia of fraud:

“I want Nigerians to please help me stop Charles Novia and Azuka Jabose from defrauding me. A lot has been happening, which I am giving a little tip. I have never had contract with Charles Novia. He put me in trouble with my American boss, even the Little Patience Album; I did not receive a penny from it. The song was recorded by Coral Music, Los Angeles.

And I am still having problems with them because I try to help him use the song to boost him for the Nigerian audience to help his November Records. Because of his scam that November Records is down, I have never had managing or recording contract with him. He should present our contract to Nigerians, he owes Coral Music.

That’s why I had big problem with Coral Music. Azuka is full of scandal. I have never had contract with them and they have no right to negotiate my business; they have been using me for too long. I also need Timi Dakolo to present the management he paid to and how much by going to use my song and earning money from iTunes and making money from ‘Send down the rain’. Azuka, a cab driver in America, whom I gave support -they are friends. I am not joking because my solicitor will contact him soon and we will make it public,” he had said.

Dakolo in a published interview today has said he paid Novia for the license to use Fashek’s work.

“I am not the kind of person to reproduce someone’s song without permission. When I decided to make the song, I told my management and they contacted Charles Novia who acted on his behalf. I asked him and he said he can act on behalf of Majek because he had his Power of Attorney.

“He [Charles Novia] said they spoke and I paid part payment through him. And they later asked for the balance which I did. So I don’t even know what they are talking about.” – YNaija

Novia in turn confirms and has this to say about the situation:

“Well yeah, I brought a statement on this last year which absolves Timi of any wrong doing and we still stand by that statement.

Majek in the presence three or four witnesses gave us permission to negotiate that deal on his behalf. Timi Dakolo actually went through all the processes required to clear the song.

I don’t know what Majek’s new management is trying to achieve with these things.” – TheNetng

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Africa Music Law™

WHAT IS AFRICA MUSIC LAW™ (AML): It is a pioneering and revolutionary law blog launched in 2011 to empower the African artist and the creative industry at large. In 2014, I launched a complimentary podcast show, The Africa Music Law Show, available on iTunes/Apple Podcast and Stitcher Radio. For feedback, advertising, or licensing inquiries please email (africamusiclaw@gmail.com).

WHAT I DO: My name is Uduak Oduok and I am a California licensed attorney who helps creatives and business owners sleep better at night by protecting their creativity and reputation, securing their rights, and helping them with the monetization of their intellectual property assets.

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Comments

  1. Yup, the missing link is if Charles Novia was legally empowered to broker the deal and receive the said monies on Majek’s behalf.

    Methinks Majek’s new management are scrutinizing Majek and Novia’s dealings and feel the unstable guy was taken advantage of. Timi on all counts (from my own little knowledge) did all he was required to do but I know of a deal like that… a certain 2000-ish hit was featured in a film. The producer really wanted to give a throwback feel to a scene with the particular song and then approached a few people to trace out the performers. One guy comes out and claims he managed the performers… the desperate producer paid the so-called manager and when I frowned at the deal, he said he’d done his part. Uduak, could this be the case here?

    1. Africa Music Law™ Author

      @RichyGame – Not sure. Novia swears he has all legitimate legal rights to license Majek’s work. We will just have to see how this shakes out.

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