Nigeria: Court of Appeal Dismisses COSON Appeal, Upholds NCC’s Regulatory Powers -

The Court of Appeal in Lagos has dismissed an appeal filed by the Copyright Society of Nigeria (COSON) challenging the refusal of the Federal High Court to grant an interlocutory injunction restraining the Nigerian Copyright Commission (NCC) from interfering with its operations.

In a unanimous judgment delivered on July 9, 2026, a three-member panel comprising Justice Polycarp Terna Kwahar, Justice F.A. Ojo, and Justice M.S. Hassan upheld the Federal High Court’s ruling of December 1, 2021, and awarded ₦200,000 in costs against COSON.

Background of the Dispute

The appeal arose from a suit in which COSON sought an interlocutory injunction to restrain the NCC from:

Revoking its operating licence;
Interfering with its internal management;
Exercising control over its bank accounts and funds;
Conducting audits; and
Preventing COSON and its members from earning income from their copyrighted works pending the determination of the substantive suit.

The Federal High Court declined the application, holding that the issues raised formed the foundation of the substantive case and that an interlocutory injunction could not be granted to restrain a completed act.

Court of Appeal Decision

On appeal, COSON argued that the trial court wrongly concluded that its operating licence had been revoked, thereby prematurely determining the central issue in the substantive suit.

COSON further contended that the NCC lacked statutory authority to suspend or revoke its licence without first obtaining a court order and maintained that its licence had merely been suspended rather than revoked.

The NCC, however, argued that COSON’s licence had been suspended in 2018 for alleged non-compliance with regulatory directives and subsequently expired by effluxion of time in May 2019 under the Copyright (Collective Management Organisations) Regulations, 2007.

Delivering the lead judgment, Justice Kwahar agreed with the Commission’s position, holding that the evidence showed the licence had first been suspended and later expired in accordance with the applicable regulations.

The court held that only a valid and existing licence can be revoked and concluded that there was no legal basis for granting an injunction to restrain the NCC from revoking a licence that had already ceased to exist.

The decision affirms the Federal High Court’s refusal to grant interim relief.

Author

Florence Akpotaire

Florence is a Media Content Specialist focused on reporting legal news, lawsuits, copyright infringement cases, and intellectual property developments. She is passionate about researching legal issues and presenting them in a clear, accessible way for readers.

Her work covers copyright disputes, trademark conflicts, court rulings, and regulatory actions across industries such as media, entertainment, technology, and business.

As part of the editorial team, Florence contributes well-researched and reliable content that helps readers stay informed about legal disputes and intellectual property matters.