RE: BETWEEN MIKE EJEAGHA VS PREMIER RECORDS LIMITED: SETTING THE RECORDS STRAIGHT.
We have observed the controversy over setting the records straight as regards royalties and fairness to the legendary Pa Mike Ejeagha.
We would like also to set the records straight as regards the issues mentioned.
The company instituted a court case against the legendary Gentleman Mike Ejeagha sometime in 2006, basically for infringement purposes. The case was a fair one and was taken as a last resort because the marketer involved refused to come to the table for negotiations despite knowing there was an infringement. After many years, it was agreed that the matter be settled out of court by both parties with the intervention of the then Enugu state government.
There was an agreement signed by both parties in which Mr. Charles Ogbu might not have been aware of. This agreement was signed in 2013. Based on the case and agreement, both parties through their legal representatives agreed that royalties due within the trial years would be forfeited to compensate for the legal cost the company was made to bear.
Mr. Toju Ejueyitchie, the then Managing Director, had made several appeals and kept a very healthy relationship as attested to by Mr. Ogbu even after the case.
From 2013, the company has constantly paid out royalty as they come and report on earnings sent to the artist through the first son, Mr. Emmanuel Ejeagha. We are committed to transparency and willing to share these royalty reports with permission from the Ejeagha family, as we consider this confidential between both parties for safety purposes. the only outstanding royalty is that of last quarter of 2023 and first quarter of 2024. the last royalty paid was on the 22nd of December 2023 being the sum of N155,229.00 for the first to Third quarters of 2023.
This payment was made to the son’s account and report of breakdown of payments sent via mail. The sum of N475,000 was paid on the 22nd of November 2021 for a sample licensing by a prominent artist.
This represented a 50% share for publishing royalty from the deal. Prior to these, all outstanding royalties due to the artist after the court case had been paid. The family can confirm this.
As regards the 8% allegation, we find this very untrue. We reviewed all royalty rates for Masters and Publishing for all artists years ago, aligning with industry practices and the reality of things in the country. Contracts signed years back with an 8% share are no longer realistic. We are committed to fair royalty rates and suggest Mr. Charles Ogbu verify from the family.
We now pay 20% for Masters and 50% for Publishing as part of the three year review process. The family can verify all reports and payments.
There is no truth concerning the alleged fixed N30,000 quarterly payment. No record label pays a fixed amount except under specific terms. Royalty payments vary each quarter based on streaming performance.
We have never paid Gentleman Mike Ejeagha a fixed N30,000 quarterly, as the numbers do not add up. Royalties are paid in foreign currencies based on current market rates, with the artist’s approval. All actions taken by the company are with the artist’s family consent.
Gentleman Mike Ejeagha trending every year as alluded by Mr. Ogbu is incorrect. Viral trends, like the song on Tiktok and other legal platforms, are part of our efforts to boost revenue for both the artist and the label. However, users like DSPs account for streams quarterly and pay out a month after accounting.
The trending song, which started gaining traction last week, will only be reflected in our figures at the end of the next quarter.
We value our artists as family and maintain strong relationships with them. Our General Manager, Mr. Michael Odiong, visited Gentleman Mike Ejeagha some two months ago to reassure the artist and family of our commitment to royalty payments and exploring new revenue streams. this visit occurred before the recent events. The recent pictures posted by Mr. Ogbu were taken years ago, presenting a misleading impression.
Mr. Michael Odiong adheres to company policies and upholds our standards. However, he has recently been unfairly attacked. We urge the public to stop attacking his character and seek clarification from the company and the legal team.
We have copied Mr. Emmanuel Ejeagha on this statement to confirm our position and possibly confirm royalty reports sent to the family.
Signed
Management.
The Allegations Against Premier Music By Charles Ogbu
BETWEEN MIKE EJEAGHA AND PREMIER RECORDS LIMITED; SETTING THE RECORD STRAIGHT
By Charles Ogbu.
Before I start, let me make it categorically clear that the sole purpose of this piece is to provide FACTUAL information to the millions of Mike Ejeagha’s fans regarding the TRUE STATE of what the Omekagu crooner is earning from his music management company as royalties.
In the 1960s, the legendary folklorist, songwriter and guitarist, Michael Nwachukwu Ejeagharibe popularly known as Gentleman Mike Ejeagha entered into a music management PERPETUITY contract with Phillips West Africa Records, a music company established in 1963 which later changed its name to Phonogram Records and later to Polygram Records before its current name; Premier Records Limited. Then, the company was managed by White people and everything was rosy between them and the Ezeagu born songmaker. The latter was getting his royalties as at when due. Matter of fact, it was LARGELY from royalties paid him on his songs by the music company that Ejeagha built the house he is currently living in, in Abakpa, Enugu, built another house in his home town, Imezi owa, Ezeagu local government area of Enugu state, bought a coaster bus for his music group, bought a Station Wagon, repeatedly upgraded his musical equipment and trained his kids. ‘LARGELY’ because Ejeagha had other streams of income having worked with the Nigeria Television Authority (NTA), Anambra Broadcasting Service which later became Enugwu State Broadcasting Service where he was in charge of a programme known as Akuko N’egwu series (telling stories in music) before and after the Biafra war.
The story completely changed in the 1980s when indigenous Nigerians took over management of some enterprises after the Indigenization Policy of the 1970s. Royalties almost stopped coming and in the rare times they did, the process was never transparent.
On the 5th day of June, 2006, the company took Ejeagha to court, accusing him of trying to make a video version of one of the songs signed to them. The case lasted over 13 years which saw Ejeagha being dragged from one court to another. In late 2018 when the global Igbo language and culture advocate, Amarachi Attamah introduced me to him, Ejeagha’s only prayer to Amarachi and I was to save him from the company. Showing us injuries he sustained from three falls he had on the roads while attending court sittings, a frustrated Ejeagha told us he was willing to relinquish his rights and whatever royalties over those songs if that would make the company allow him live out his old age in peace.
That same day after meeting with his family, Amarachi and I reached out to our then governor, Ifeanyi Lawrence Ugwuanyi who gave us full access to the state ministry of justice with a view to ensuring Ejeagha didn’t stand alone. The following day, I travelled to Lagos for a meeting with the then chairman of Premier Records, Mr Eyutche who assured me they would de-escalate the court case. Sadly, he would later succumb to Covid.
To cut the long story short, on the 11th day of April, an Enugu Federal high court presided over by Honorable Justice I.N Buba entered a consent judgement in suit No. FHC/EN/CS/96/2006 between Ejeagha and Premier Records which clearly mandated the plaintiff (Premier records) to amongst other things:
Review the royalty rate every three (3) years;
Send to Ejeagha a statement of account indicating all royalties accruing from the exploitation of his musical works;
Prepare royalty statement on quarterly basis and payment made 30 days after the end of the quarter;
Increase Mike Ejeagha’s royalties from 8% of the total earnings to 10%;
Pay the defendant (Ejeagha) 20% of earnings on all sales accruing from digital downloads/music streaming and Ring Back Tune platforms and 50% on synchronization rights;
As I type, this is five (5) years since that consent judgment was delivered but Premier Records HAS NOT reviewed the royalties payable to Ejeagha as ordered by the court neither has the company sent any account statement indicating how much they are making from his songs and how his royalty percentage is arrived at. No transparency, no nothing.
Even more painful is the fact that Premier Records HAS NEVER PAID EJEAGHA MORE THAN N30,000 (Thirty Thousand Naira only) on quarterly basis and even this 30,000 which no one knows how they arrive at, hardly come as at when due.
Since 2018 till date, Ejeagha trends almost every year starting from when we renovated his Abakpa home to when the then state governor and other dignitaries visited him to when we organized a massive 91st birthday party for him and when the Limpopo crooner kcee visited till now that the popular Skit maker, Brain Jotter made one of his song a global internet sensation. And each of these trends is more traffics to his songs in all online and streaming platforms. A quick search reveals his songs is among the top searched. The numbers are there and as they say, numbers don’t lie. TikTok will pay handsomely for the traffic generated by Brain Jotter and millions of others using that Ejeagha’s trending “gwo gwo gwo” sound.
Yet, what Ejeagha keep getting from his music company is LESS THAN N30,000 per a quarter which is not even up to N10,000 a month
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