Copyright Society of Nigeria (COSON) v. Nigerian Copyright Commission (NCC)
Federal High Court, Lagos Judicial Division
Judgement delivered on: December 1, 2021
Citation: 64 NIPJD [FHC. 2021] 425/2020
Case No.: FHC/L/CS/425/2020
Judge: Hon. Justice A. M. Liman
Jurisdiction: Nigeria
BETWEEN:
Copyright Society of Nigeria
vs.
Nigerian Copyright Commission
Facts
The Copyright Society of Nigeria commenced an action against the Nigerian Copyright Commission following a series of regulatory actions affecting its approval to operate as a Collective Management Organisation (CMO). COSON challenged the Commission’s powers to suspend its approval, require a forensic audit, interfere with its management, and direct banks to restrict access to its accounts.
Pending the determination of the substantive suit, COSON sought an interlocutory injunction restraining the NCC from taking further regulatory action against it.
The Federal High Court refused the application, holding that COSON’s approval had already expired by effluxion of time and that there was therefore no existing right capable of being preserved by an injunction.
Background
The dispute arose after the NCC received complaints regarding COSON’s governance and management.
Following investigations, the Commission:
- suspended COSON’s approval to operate as a Collective Management Organisation;
- directed the society to submit to a forensic audit;
- took steps aimed at ensuring proper administration of royalty collections; and
- declined to renew COSON’s approval when it expired.
COSON maintained that these actions exceeded the statutory powers of the Commission and violated its legal rights.
Issues
Whether COSON was entitled to an interlocutory injunction restraining the Nigerian Copyright Commission from interfering with its operating licence and activities pending determination of the substantive suit.
What Was Held
The Federal High Court dismissed COSON’s application for an interlocutory injunction.
The Court held that:
- COSON’s operating approval had already lapsed on 19 May 2019.
- Since the approval had expired by effluxion of time, there was no subsisting licence capable of being preserved by an injunction.
- An interlocutory injunction cannot preserve a right that has already ceased to exist.
- COSON failed to establish the conditions necessary for the Court to exercise its discretion in granting interlocutory relief.
Key Holding
- An interlocutory injunction cannot preserve a licence or approval that has already expired.
- A court will not grant interim relief where the legal right sought to be protected no longer exists.
- Expiration of a statutory approval fundamentally affects an applicant’s entitlement to interlocutory relief.
Outcome
The application for interlocutory injunction was dismissed.
The substantive action remained pending following the ruling.
Why This Case Matters
This decision is important because it clarifies several principles relating to the regulation of Collective Management Organisations in Nigeria.
The ruling confirms that:
- approval granted to a CMO is time-limited;
- expiration of regulatory approval cannot ordinarily be reversed through interlocutory relief;
- courts distinguish between preserving an existing legal right and creating a new one through interim orders; and
- regulatory disputes involving licensing may turn on whether a licence remains legally in force at the time relief is sought.
Update (Court of Appeal)
On 9 July 2026, the Court of Appeal, Lagos Division, dismissed COSON’s interlocutory appeal and affirmed Justice Liman’s ruling. The Court held that there was no existing operating approval capable of preservation by injunction because COSON’s approval had already been suspended and subsequently expired before the suit commenced. Costs of ₦200,000 were awarded against COSON.
Procedural History
| Date | Event |
|---|---|
| April 2018 | NCC suspended COSON’s operating approval. |
| 19 May 2019 | COSON’s approval expired. |
| March 2020 | COSON filed Suit No. FHC/L/CS/425/2020 at the Federal High Court, Lagos. |
| 1 December 2021 | Federal High Court dismissed COSON’s application for interlocutory injunction. |
| 9 July 2026 | Court of Appeal dismissed COSON’s appeal and affirmed the Federal High Court’s ruling. |