Nigerian Copyright Commission v. Godwin Kadiri
Charge No.: FHC/B/43C/2010
Date: Delivered on December 17, 2012
Judge: Justice A. A. Okeke
Court: Federal High Court, Abuja
Citation: 53 NIPJD (FHC. 2012) B/43C/2010
Charge: Broadcast Piracy – Piracy of Broadcast Rights of Entertainment Highway Limited (HiTV)
The accused, Mr. Kadiri, was charged for selling and distributing to about 100 subscribers the whole or substantial parts of HiTV broadcast/channels in which copyright subsists, without the consent or authorisation of the copyright owner in breach of Section 20(2)(a) and (b) of the Nigerian Copyright Act, Cap C28 Laws of the Federation of Nigeria, 2004. The accused was also charged for having in his possession equipment and contrivances including decoders, smart cards and splitters for the purpose of illegal rebroadcasting of HiTV channels, contrary to Section 20(1)(c) of the Copyright Act.
Section 20:
(1). Any person who-
(c) makes, causes to be made, or has in his possession, any plate, master tape, machine, equipment or contrivance for the purposes of making any infringing copy of any such work; shall, unless he proves to the satisfaction of the court that he did not know and had no reason to believe that any such copy was an infringing copy of any such work, or that such plate, master tape, machine, equipment or contrivance was not for the purpose of making infringing copies of any such work, be guilty of an offence this Act and shall be liable on conviction to a fine of an amount not exceeding N1,000 for every copy dealt with in contravention of this section or to a term of imprisonment not exceeding five years, or to both such fine and imprisonment.
(2). Any person who-
(a) sells or lets for hire or for the purposes of trade or business, exposes or offers for sale or hires any infringing copy of any work in which copyright subsists; or
(b) distributes for the purposes of trade or business any infringing copy of any such work; or
(c) has in his possession, other than for his private or domestic use, any infringing copy of any such work; or
is guilty of an offence under this Act, and liable upon conviction to a fine of N100 for every copy dealt with or imprisonment for six months or to both such fine and imprisonment.
Count one of the charge on which the accused was convicted and sentenced, read:
“That you Godwin Kadiri of No. 12 Akenzua Street, off Stadium Road, Benin City, Edo State on or about the 16th day of April 2010, at No. 92, 2nd West, off Textile Mill Road, Benin City within the Benin Judicial Division of the Federal High Court, did sell, expressed or offered for sale for the purposes of trade or business, copies of the whole or substantial part of Entertainment Highway Limited (HiTV) broadcast/channels – Barclays English Premiership League matches, UEFA Champions League Matches, Carling Cup Matches and all other cinematograph film such as Hi-Nolly Channel etc in which copyright subsists, without the consent or authorisation of the copyright owner and thereby committed an offence contrary to and punishable under Section 20(2)(a) of the Copyright Act Cap. C28 Laws of the Federation of Nigeria, 2004”.
On count two of the charge, the accused was convicted and sentenced under Section 20(2)(b) of the Copyright Act for distributing to about 100 subscribers the broadcast rights of HiTV without the authorisation of the copyright owner.
On count three of the charge, the accused was convicted and sentenced under Section 20(1)(c) of the Copyright Act for having in his possession equipment and contrivances, such as three Strong decoders, one HiTV decoder, smart cards, splitters for the purpose of illegal rebroadcast of the whole or part of HiTV channels, without the authorisation of the copyright owner.
On count four of the charge, the accused was convicted and sentenced under Section 20(3) of the Copyright Act for distributing in public for commercial purposes copies of the broadcast/channels of HiTV without the consent of the copyright owner.
Hon. Justice A. A. Okeke of the Federal High Court, Benin, delivering judgement on December 17, 2012, convicted Mr. Kadiri and sentenced him to two years imprisonment each on the 1st, 2nd, and 3rd counts and to six months on the 4th count of the criminal charge. The Judge, however, held that the sentences would run concurrently without the option of a fine.
