With just over a decade in the music industry before his passing, the late Nigerian rapper, Oladapo Olaitan Olaonipekun, popularly known as DaGrin, was said to have influenced pop culture and the direction of music in Nigeria. His albums were critically and widely acclaimed. However, with such success, one would expect that his family would reap the rewards of his intellectual property. That was not the case for the Olaonipekuns. As the family's primary breadwinner, the denial of proceeds from Dagrin's estate left his mother barely able to make ends meet.

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AMAKA sat down with the lawyer behind this case, Omolola Oyedele, who is working to enfranchise the deceased's mother in the face of stark adversity. Oyedele is a seasoned entertainment, media, and intellectual property lawyer with over seven years in the game. The partner at Technolawgical Partners decided to represent Olaonipekun's mother because of a strong fandom connection.

On her involvement, she comments, "I can remember where I was the day he died. Everyone around me knew I loved DaGrin and even though I didn't know him personally, I felt obliged to take the case. The only thing was I never envisaged it would be a long battle." 

When an adult dies, it is only right that their properties (physical or intellectual) go to the family they leave behind. Why didn't DaGrin's estate go to his family?

For the mother or any family to administer his estate, they had to get a Letter of Administration because he did not have a will at death.

So no money has been going to his mother or any family member for the past twelve years?

Before we got the Letters of Administration, nothing was going to the family, nothing at all. Except for some revenues we were able to get our hands on. There are some revenues you can't touch because there are some platforms that all they just needed to see was a sync license. For that, you don't need to go to a streaming platform to get it. That's not streaming money, and it wasn't a lot. Then other monies from our own pockets as well. For us to get this thing, we have to expend time and money. I thought it was something I was going to do in six months. Alas, we've been at it for three years.

What drew you to this case in particular?

I have always been a big fan of DaGrin. I can tell you I remember where I was the day he died. To be honest, I think it was because I was a big fan, and out of everybody in the place where we were having the discussion that day, it was obvious that I knew this guy. 

I didn't know him personally. Also, I like to take on new challenges.

What was your experience with this case, especially trying to make sure his mother gets what's rightfully theirs?

I got the shocker of my life when I first got to court, and they asked me if he had any property. To get Letters of Admin, it means the person had to have some property. DaGrin didn't have anything. The only property that we would have even been able to use was the car, and that was a wreck. 

I got to the court, and they sent me back, saying it's not possible. Then later, they said I should go to his bank. He had to have at least one naira in his account. I got to the bank, and there was money. Then, they asked me to go and get some stamps and stuff. Those things took me two weeks to get. 

I got back to the bank, and they said there was no money there again. So, I asked them to stamp the documents for me. I went back to the court, and they said nope, he had to have some balance in the account, even if it is one naira. 

Then, the bank closed the account. I don't think they knew it was DaGrin that owned the account until I went there. Now, there were eyes on the account. Then, I had to write a stinker email to the bank that I'll call them out on social media. That was when they gave me zero naira because they were not even giving me access. 

We went back to the court and started begging. There was money coming in; we couldn't access it, they were not earning anything – it was bread money. The court wasn't going to grant us the letter — the law is the law — I can't change that. I went back to brainstorm, and it was becoming overwhelming, even financially. Going to the bank was not free. The bank was kicking me around. 

The breakthrough moment…

I was like, 'ah! I can actually use this stuff.' So, I went to ask one of my partners, who is a senior colleague. He said, 'errr... you can try it.' Everybody was looking at me like I was mad, and I was like, 'I'll try it, ah-ha! Highest thing, I'll get a no.'

A no means I'll try again. I went to the court, and when I got to the probate registry, they started laughing. She was laughing because she didn't even expect me to do that. Now, I caught the law in a corner where the law could not run again. I just looked for something that was similar. I mean, that's the law for you. You have to look for something remotely possible to be able to use that law. So when I saw it, I used it. 

That was when the whole job started because the law there was relating to something else, but it's close. Property is property, so I said this is property. It's intellectual, but it's property. The law said he had to have root property or a chattel. A chattel is property, so the intellectual property is chattel. 

And that was why the woman started laughing and said I caught them in a corner. That was when the work started, and I had to do a whole submission. Then, I had to start looking for laws to back it up. I had to submit and show that I was not trying to be dubious. 

They didn't expect it because nobody had done it before. Often, people that they get Letters of Administration for (entertainers) had other properties, but DaGrin never had anything. So, I was able to do that and swore a lot of affidavits, did a lot of law submissions, appeared and all. Then, they gave me the go-ahead.

Then eventual success…

Then, the real work started, we still had a lot of back and forth with the bank, and after three years, we got it. Now, we can go to all the companies that were exploiting his music. Now, his family members are the executioners, so they can tell you to pull down and do what they want. 

Is there a reason why wealthy entertainers like DaGrin don't bother with having a will?

When people are told to get a will for their future kids or their loved ones, they'll tell you, 'God forbid. Are you saying I am going to die?' That's young people. Some old people still say that, and it's not ignorance because it is common knowledge that if you die without a will, the people you leave behind might not get anything from your estate or property. 

A lot of them are not informed that intellectual property is property enough. They don't think they can transfer the ownership to their offspring. Most of them just want to vibe and make the quickest cash they can get; it's not about the future. Death doesn't tell you, 'I am coming tomorrow, prepare.' It just comes, so you have to have a form of investment or will, something that would guard you against any other person that is involved with you. 

When a career is just starting, especially in an industry as volatile as music, it is difficult to predict success and outcome. Could it be that they don't give so much thought to the future because they don't see their own potential?

They need to understand first that music is a business. Maybe because, more often than not, it's not their money. So, write every song like it's your hit song. Some songs are not big, but the amount of money they are raking in on a daily basis is enormous. Some of them don't care.   

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The Olaonipekun family were unavailable for comment. 

"It's a close-knit family, and talking to the mother would be [a matter for] the future, seeing as things (legal proceedings) are still going on. We've just gotten the Letters of Administration", Oyedele concluded.