Copyright Society of Nigeria v. Nigerian Copyright Commission

Law Cases and Principles

Copyright Society of Nigeria Ltd/Gte (COSON) v. Nigerian Copyright Commission (NCC)

Court: Federal High Court, Lagos Judicial Division
Suit No.: FHC/L/CS/425/2020
Ruling delivered on: December 1, 2021
Citation: 64 NIPJD (FHC. 2021) 425/2020
Jurisdiction: Nigeria

BEFORE:

HON. JUSTICE A. M. LIMAN

BETWEEN:

Copyright Society of Nigeria Ltd/Gte

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 an interlocutory injunction was refused. The substantive action remained pending following the ruling. The Court did not finally determine COSON’s claims challenging the Nigerian Copyright Commission’s regulatory powers.

Why This Case Matters

This ruling explains when a court may grant an interlocutory injunction in a dispute involving a regulatory approval. It confirms that an injunction is generally intended to preserve an existing right or state of affairs. It cannot ordinarily be used to restore an approval that was suspended or had expired before the action commenced.

The ruling did not finally determine whether the Nigerian Copyright Commission lawfully exercised its regulatory powers. Those questions remained part of the substantive action.

Update (Court of Appeal)

Court: Court of Appeal, Lagos Division
Appeal No.: CA/LAG/CV/166/2022
Judgment delivered on: July 9, 2026
Appeal from: Suit No. FHC/L/CS/425/2020

BEFORE:

HON. JUSTICE POLYCARP TERNA KWAHAR, JCA — Delivered the Lead Judgment
HON. JUSTICE FOLASADE AYODEJI OJO, JCA
HON. JUSTICE MUSLIM SULE HASSAN, JCA

The Court of Appeal dismissed COSON’s interlocutory appeal and affirmed the Federal High Court’s refusal to grant an injunction.

The Court held that COSON’s operating approval had already been suspended and had subsequently expired before the substantive suit commenced. There was therefore no existing or valid approval capable of preservation through an interlocutory injunction. Granting the injunction would have altered, rather than preserved, the position existing before the commencement of the suit.

The Court dismissed the appeal for lack of merit and awarded costs of ₦200,000 against COSON.

The judgment concerned COSON’s application for interlocutory relief. It did not finally determine the substantive suit challenging the Nigerian Copyright Commission’s regulatory powers.

Procedural History

DateEvent
April 2018NCC suspended COSON’s operating approval.
19 May 2019COSON’s approval expired.
March 2020COSON filed Suit No. FHC/L/CS/425/2020 at the Federal High Court, Lagos.
1 December 2021Federal High Court dismissed COSON’s application for interlocutory injunction.
9 July 2026Court of Appeal dismissed COSON’s appeal and affirmed the Federal High Court’s ruling.

Related Proceedings

Research Citing Related COSON Proceedings