Justice A. M. Lawal of the Ikeja High Court has dismissed a case of defamation filed by the chairman of the Copyright Society of Nigeria (COSON), Mr. Tony Okoroji, against the director of prosecution at the Nigerian Copyrights Commission (NCC), Mr. Obi Ezeilo.
NCC said in a statement that the judge had on Wednesday, March 25, dismissed the suit marked ID/ADR/2389/2019,
According to NCC, Okoroji filed the case against the defendant in his personal capacity, claiming, among others, general and special damages in the sum of one N100 million for alleged defamatory statements at a meeting held on the premises of the Federal High Court, Enugu, between Mr. Ezeilo and counsel for COSON, following the latter’s request for discussion on amicable resolution of the case at the court.
The agency said the court’s ruling was sequel to a preliminary objection filed and argued by the defendant, urging the Court to dismiss the matter.
In addition to upholding the defendant’s objection, Justice Lawal also held that the Lagos State High Court does not have jurisdiction to entertain the matter.
NCC also stated that the case at the Ikeja High Court is one of the several cases filed by Okoroji, COSON and some members of the organisation against the NCC and some of its staff in the wake of the commission’s April 28 suspension of COSON as a Collective Management Organisation (CMO).
In December 2017, the Commission had received a petition from some members of COSON calling for investigation into alleged irregularity in the conduct of an extraordinary general meeting of COSON on December 19, 2017.
Based on the outcome of the investigations, the Commission issued a directive to COSON, urging it not to implement certain resolutions of the extraordinary general meeting which the Commission considered irregular.
The COSON management disregarded the directive thereby leading to the suspension of its operating licence.
“The legal actions taken by Chief Okoroji, COSON and some of its members, aimed at frustrating and circumventing the regulatory powers and functions of the Nigerian Copyright Commission have mostly been dismissed and/or struck out by the Courts for want of merit,” said NCC.
“Other cases filed by COSON and its members against the Commission and its officials which the Courts have either dismissed or struck out include suits marked FHC/EN/CS/58/18 Uchenna Stangley Anowo & 3 Ors v. Nigerian Copyright Commission & 14 Ors, in which members of COSON loyal to Okoroji sued the Commission, its officials and some directors at the Federal High Court, Enugu, asking the Court to invalidate the suspension of its licence; FHC/EN/CS/116/18 Sir Angus Onyema Nwangwu & 3 Ors v. Nigerian Copyright Commission & 4 Ors where members of COSON loyal to Chief Okoroji sued the Commission and its staff at the Federal High Court, Enugu, asking for several reliefs including quashing the directive of the Commission suspending its licence; FHC/L/CS/606/18 Copyright Society of Nigeria & 8 Ors v. Efe Omoreghe & 7 Ors in which COSON sued some of its directors and the Commission, seeking several orders including the return of its operating licence,” the commission added.
In the wake of the failure of its several suits, NCC said COSON had resorted to trumping up allegations and frivolous petitions against the leadership of the Commission and some of its officers, as well as engaging in negative media campaign.
“The NCC has maintained its position of strict regulation of collective management operations in Nigeria to guaranty the needed transparency, accountability and good governance. The Commission’s position takes into account the fact that the rights managed by CMOs belong to Nigerian and foreign creators and those rights should be managed in compliance with global best practices to safeguard them against capricious and abusive conduct.
“Consequently, the Commission recently commissioned an international audit firm to carry out a full forensic audit of COSON as a precondition for renewal of its operating licence which had lapsed in May 2019, following COSON’s application to the Commission.
“COSON is, at the moment, not an approved CMO and, therefore, not entitled to solicit for, or license the use of creative works, or collect royalties there from.
“Section 39 (4) and (5) of the Copyright Act make it a punishable offence to perform the functions of a collecting society without the approval of the NCC,” said the commission.
