Nigerian Copyright Commission v. Nworie Anayo
Court: Federal High Court
Judgement Delivered on: Monday, March 12, 2012
Citation: 55 NIPJD [FHC 2012] ABJ/CR/10/2012
Charge No.: FHC/ABJ/CR/10/2012
Jurisdiction: Nigeria
Judgement delivered by: Honourable Justice A. Abdu-Kafarati
Appearances: Mr. Abdul Ter Kohol, with Bisi Olabanji, Dimowo Shakede and Joy Ogbonna for the Prosecution
I. FACTS
The accused was charged for being in possession of 631 infringing copies of copyright works under Section 20(2)(c) of the Copyright Act. The accused pleaded guilty. Delivering the judgement on March 12, 2012, Justice Abdu-Kafarati of the Federal High Court No. 2 Abuja, sentenced the accused to both a fine of N63,310 and six months imprisonment.
“Since the convict is an individual, he is hereby sentenced to a fine of N100 per copy of the infringed items i.e. 631 x 100 = N63, 100 naira only. He is also sentenced to six months imprisonment commencing from the date of arrest and detention being 20th May 2011.”…Justice A. Abdu-Kafarati
The court also ordered that the exhibits, 631 copies of infringing materials, be returned to the Nigerian Copyright Commission for destruction.
II. SENTENCE
The offense for which the convict was charged and convicted based on his plea of guilt carries a punishment of N100 fine “for every copy dealt within contravention of this section or to a term of imprisonment not exceeding two years or in the case of an individual, to both fine and imprisonment”. This is provided for under Section 20(2)(c) of the Copyright Act, CAP C28 Laws of the Federation of Nigeria 2004.
Since the convict is an individual he is hereby sentenced to a fine of ₦100 per copy of the infringed items i.e. 631 x 100 = ₦63,310 naira only. He is also sentenced to six months imprisonment commencing from the date of his arrest and detention being May 20, 2011.
Exhibits B and C to be handed over to the prosecution/complainant for destruction.
III. Legal Principle Affirmed
Under Section 20(2)(c) of the Copyright Act, possession of infringing copies attracts cumulative penalties — a fine per copy and/or imprisonment — and courts have the discretion to impose both, especially upon a guilty plea.
Related Cases
- Nigerian Copyright Commission v. Dominion Kalu, FHC/ABJ/CR/12/2012 — possession of 502 infringing copies of local and foreign musical and cinematograph works; sentenced to six months’ imprisonment with an option of a ₦20,000 fine.
- Nigerian Copyright Commission v. Stanley Nwankwo, FHC/ABJ/CR/14/2011 — sale and possession of 504 infringing copies of local and foreign films and music in DVD and CD formats; sentenced to six months’ imprisonment with an option of a ₦50,400 fine.
- Nigerian Copyright Commission v. Godwin Obasi, FHC/ABJ/CR/16/2012 — sale and possession of 400 infringing copies of cinematograph films and musical works in DVD, VCD and CD formats.
- Nigerian Copyright Commission v. Oba Okechukwu, FHC/ABJ/CR/56/2012 — sale and possession of 126 infringing copies of cinematograph films and musical works, contrary to sections 20(2)(a) and 20(2)(c) of the Copyright Act 2004.
- Nigerian Copyright Commission v. Eze Igwe, FHC/ABJ/CR/93/2012 — possession and offering for sale of 250 infringing optical discs; sentenced to six months’ imprisonment with an option of a ₦5,000 fine.
Research Citing This Case
- Copyright Cases in Nigeria: Sale and Possession of Pirated Films — Ufuoma Akpotaire, Nooktoria Copyright Law, Vol. 2, No. 8, originally published September 27, 2014.
- Related Research and Publications
- Emmanuel Owushi, Protecting Copyright Owners in Nigeria: A Panacea for Intellectual Development (2020) — Examines copyright protection and enforcement in Nigeria, including the role of the Nigerian Copyright Commission and penalties for copyright offences. The paper discusses section 20(2)(d) of the Copyright Act concerning the possession, sale, hire and distribution of infringing copies.
- Strengthening Copyright Enforcement in the Nigerian Film Industry (Nollywood) — Victoria Chigozirim Onyeagbako, 2020.
- Copyright Law in Nigeria: An Overview — Matawa Joseph, Faculty of Law, University of Benin, 2019.