Sinach sued N5 billion over ‘Way Maker’

Nigerian gospel singer Osinachi Egbu, popularly known as Sinach, is facing a ₦5 billion lawsuit over her internationally acclaimed song, ‘Way Maker.’

The suit, filed by music producer Michael Oluwole, known as Maye, alleges copyright infringement and seeks a declaration of co-ownership of the song.

In suit number FHC/L/CS/402/2024, Maye claims he worked as a studio engineer on ‘Way Maker,’ released in December 2015.

The Guardian reports that the producer, through his counsel, Justin Ige of Creative Legal, claimed that his contributions included recording, mixing, mastering the song and creating instrumental accompaniments such as piano, strings, and synthesisers.

Co-ownership

Maye argues that Sinach released the song commercially without formalising an agreement or compensating him, thus violating his performer’s rights. He demands general damages of N5 billion for alleged cumulative infringements of his rights.

Through his counsel, Maye is seeking several reliefs mandating that in the absence of a written agreement between him and the defendant, all fees accruing from licenses or assignments of copyright in ‘Way Maker’ should be divided equitably between them as co-owners.

In the suit, Maye describes Sinach’s alleged failure to share proceeds from the song’s licensing as “deliberate and oppressive.”

The plaintiff also requests the court to: “Determine an equitable division of fees as either an equal share or another division the court deems appropriate. Compel the defendant to disclose all licenses and copyright assignments related to ‘Way Maker’, account for all accrued fees, and pay the plaintiff his due share. Declare that the defendant failed in her statutory obligation to conclude written agreements with the plaintiff for his contributions to the sound recording. Affirm that the plaintiff’s performer’s rights were infringed upon. Issue a perpetual injunction restraining the defendant from further reproduction, distribution, or public performance of ‘Way Maker’ or any adaptations thereof.”

Sinach’s Defence

Represented by Emeka Etiaba (SAN) of Etiaba Chambers, Sinach denied the allegations, maintaining that she is the sole author of Way Maker. The award-winning musician said the song was composed, arranged, and performed in collaboration with other artists, including Nwabude Chude Arinze, before Maye’s involvement.

The defence contends that Maye’s role was limited to mixing the master recording, a service for which he was paid ₦150,000 (approximately $300).

The singer’s legal team argues that this payment absolves her of any obligation to grant him copyright or performer’s rights.

Court hearing

The Federal High Court in Lagos began hearing the case on Tuesday. Maye provided testimony and affirmed his claims under cross-examination.

Sinach’s legal team strongly opposed the plaintiff’s assertions, questioning the legitimacy of his claims to co-authorship and ownership.

The trial has been adjourned to 29 and 30 January 2025 to allow the defence to present its case.

‘Way Maker’ isn’t the first copyright dispute in the Nigerian music industry. In 2016, Afrobeat singers Tuface and Blackface disagreed over the song “African Queen.” Blackface claimed the song was his, and Tuface sued him. They eventually settled out of court, with Blackface agreeing to stop accusing Tuface of stealing the song and Tuface agreeing to pay Blackface royalties.

A similar conflict occurred between the Afrobeat duo Danfo Drivers and singer Tekno over the 2018 song “Jogodo.” Danfo Drivers claimed that Tekno had sampled their song “Kpolongo,” which they had released years earlier. Like the previous case, this was also resolved with an out-of-court settlement.

Way Maker

“Way Maker” became a global anthem, transcending cultural and religious boundaries, and was released on 30 December 2015.

The song has been performed by notable Christian singers such as Michael W. Smith, Mandisa, and Leeland. In 2016, Sinach included the song in her live album Waymaker – Live, which became a commercial success and earned a gold certification from South Africa’s Recording Industry Association.

In May 2020, Sinach became the first African artist to top the Billboard Christian Songwriters chart. By June 2020, the song was ranked #1 in the Christian Copyright Licensing International Top 100 for its frequent use in church worship. “Way Maker” won Song of the Year at the 2020 GMA Dove Awards, making Sinach the first Nigerian to achieve this. In 2021, it became the first African gospel song to win the BMI Song of the Year award.

The music video, released on 30 December 2015, shows Sinach singing outdoors and was directed by Ose Iria. By March 2019, it surpassed 100 million YouTube views, making Sinach the first Nigerian gospel singer to reach this milestone.

During the COVID-19 pandemic, the song gained global attention as people sang it in solidarity with healthcare workers. It was also sung at George Floyd protests in the US, symbolising hope and unity. The song has been covered by many artists, including Michael Smith and Leeland, and translated into over 50 languages, making it a global anthem in churches worldwide.

Sinach holds a physics degree from the University of Port Harcourt. The Ebonyi-born singer’s musical career began at Christ Embassy Church in Lagos, where Pastor Chris Oyakhilome mentored her.

Her famous songs, such as “Way Maker,” “I Know Who I Am,” and “The Name of Jesus,” have inspired millions. She has released nine studio albums and won numerous awards, including the GMA Dove Song of the Year, making her the first Nigerian to achieve this. In 2023, she was honoured as a global ambassador by the Commonwealth of Dominica. Sinach is married to a pastor, Joseph Egbu, and they have a daughter named Rhoda.