Nigerian Copyright Commission v. Sunday Ayodele

Nigerian Copyright Commission v. Sunday Ayodele

Federal High Court
Judgement delivered on: February 23, 2012
Citation: 55 NIPJD [FHC. 2012] KD/8C
Charge No.: FHC/KD/8C/2012
Jurisdiction: Nigeria

Judgement delivered by: Honourable Justice I. C. Ojukwu

Copyright Infringement, Sale of Fake Optical Discs, Commercial Distribution of Infringing CDs and VCDs. — The Federal High Court had to decide on a three count charge of possession and offering for sale, copies of fake optical discs.

I. FACTS

The Accused Person, a trader, popularly known as “Young Alaba”, was arraigned before the Federal High Court in Kaduna by the Nigerian Copyright Commission (NCC). The NCC arraigned the Accused Person on a three-count charge of being in possession and offering for sale 25,442 copies of fake optical discs, including CDs and DVDs worth over N1.5 million.

The offences are contrary to Section 20(2)(a) and (c) of the Copyright Act, Cap C28, Laws of the Federation of Nigeria 2004.

The Accused Person was also charged for owning duplicating machines and other gadgets used in the commission of the offences for which he is charged.

II. SENTENCE

The Court, presided over by Justice I. C. Ojukwu, convicted the Accused Person on all the three counts for which he was charged.

A sentence of 6 months imprisonment was pronounced on each of the counts (to run concurrently).

The Court also imposed a cumulative fine of ₦250,000 (Two Hundred and Fifty Thousand Naira) against the Accused Person.