Chinonso Ugochukwu v. Nigerian Copyright Commission
NIPJD Citation: NIPJD/CA/2022/C-292C-20
| Case Information | Details |
| Court | Court of Appeal of Nigeria |
| Judicial Division | Calabar Judicial Division |
| Appeal No. | CA/C/292C/2020 |
| Appellant | Chinonso Ugochukwu |
| Respondent | Nigerian Copyright Commission |
| Date of Judgment | 3 June 2022 |
| Coram | Raphael Chikwe Agbo, JCA; Muhammed Lawal Shuaibu, JCA; Balkisu Bello Aliyu, JCA |
| Lead Judgment | Balkisu Bello Aliyu, JCA |
| Area of Law | Copyright Law; Criminal Law; Evidence |
| Subject | Copyright Infringement; Pirated Literary Works; Powers of Copyright Inspectors; Criminal Enforcement |
| Originating Case | FHC/UY/53C/2015 |
| Lower Court | Federal High Court of Nigeria, Uyo Judicial Division |
| Decision | Appeal dismissed; conviction affirmed |
| Status | Appeal dismissed |
Background
Chinonso Ugochukwu appealed against the judgment of the Federal High Court sitting at Uyo, which convicted him on two counts arising from the possession and offering for sale of 578 infringing copies of literary works.
At trial, the Federal High Court found that the Nigerian Copyright Commission proved the charges beyond reasonable doubt and convicted Ugochukwu on both counts.
Issue
The principal issue before the Court of Appeal was whether the prosecution proved either or both counts against the appellant beyond reasonable doubt so as to justify his conviction. The appeal also raised the question whether section 25 of the Copyright Act was a precondition to the Nigerian Copyright Commission’s enforcement powers under section 38 of the Act.
Court’s Findings
The Court of Appeal held that the evidence supported the trial court’s finding that the appellant possessed pirated literary works and exposed them for sale.
The Court considered evidence from copyright inspectors, the inventory of the seized works, invoices and receipts recovered from the appellant’s shops, and evidence from the Bible Society of Nigeria identifying pirated copies of its works.
The Court also rejected the appellant’s argument that the Nigerian Copyright Commission was required to obtain an ex parte court order under section 25 of the Copyright Act before entering his shop and recovering the infringing materials.
The Court distinguished between the procedure under section 25, applicable to civil copyright enforcement proceedings, and the statutory criminal enforcement powers exercised by copyright inspectors under section 38.
It held that copyright inspectors acting under section 38 could lawfully enter the premises, recover infringing materials and undertake criminal copyright enforcement without first obtaining the type of ex parte order contemplated by section 25.
Decision
The Court of Appeal found the appeal to be without merit and dismissed it in its entirety. The Court affirmed the judgment of the Federal High Court sitting at Uyo delivered on 1 July 2020.
Raphael Chikwe Agbo, JCA and Muhammed Lawal Shuaibu, JCA agreed with the lead judgment of Balkisu Bello Aliyu, JCA.
Significance
The decision is significant for its treatment of the enforcement powers of copyright inspectors under the former Copyright Act.
The Court distinguished criminal copyright investigation and enforcement under section 38 from the civil enforcement procedure contemplated by section 25. It held that the Nigerian Copyright Commission’s copyright inspectors were not required to obtain an ex parte order under section 25 before exercising their statutory criminal enforcement powers under section 38.
The decision also confirms that evidence concerning the seized works, inventories, invoices and testimony identifying pirated copies may be considered in determining whether the prosecution has proved possession and commercial dealing in infringing copies beyond reasonable doubt.
Holding
Appeal dismissed. Judgment and conviction of the Federal High Court affirmed.