Nigerian Copyright Commission v. Chibueze Akamu

Law Cases and Principles

Nigerian Copyright Commission v. Chibueze Akamu

NIPJD CitationNIPJD/NG/FHC/2013/L-149C-13
Document TypeCase Record
CourtFederal High Court, Lagos Judicial Division
Charge No.FHC/L/149C/13
Decision Date22 May 2013
JurisdictionNigeria
Area of LawCopyright
SubjectBook Piracy; Literary Piracy; Copyright Infringement
StatusConviction
Source ReliabilityOfficial Government Publication; Secondary Legal Sources

Case Summary

The Nigerian Copyright Commission (NCC) prosecuted Chibueze Akamu, before the Federal High Court in Lagos for the possession and sale of pirated copies of The Accidental Public Servant, a book written by Nasir El-Rufai.

Akamu was charged on two counts and pleaded guilty. On 22 May 2013, Justice Saliu Saidu convicted him and sentenced him to three months’ imprisonment on each count, without an option of fine, with the sentences to run concurrently.

The NCC’s official convictions list independently records Chibueze Akamu’s conviction for literary piracy on a two-count charge, the concurrent three-month sentences, the date of 22 May 2013 and Lagos as the Federal High Court Division.

Available Information

  • Defendant: Chibueze Akamu (also reported as Akamu Chibueze)
  • Prosecuting agency: Nigerian Copyright Commission
  • Court: Federal High Court, Lagos Judicial Division
  • Charge No.: FHC/L/149C/13
  • Judge: Justice Saliu Saidu
  • Prosecution counsel: Mrs. Lynda Alphaeus
  • Defence counsel: None reported; Akamu was reported as having no legal representation
  • Copyright work: The Accidental Public Servant
  • Author: Nasir El-Rufai
  • Nature of offence: Possession and sale of pirated copies of a book
  • Number of counts: Two
  • Date apprehended: 25 April 2013
  • Location apprehended: Oyingbo, Lagos
  • Plea: Guilty
  • Statutory provision: Section 20 of the Copyright Act 2004
  • Decision date: 22 May 2013
  • Outcome: Conviction
  • Sentence: Three months’ imprisonment on each count, without an option of fine, to run concurrently.

Background to the Prosecution

Akamu was reportedly apprehended on 25 April 2013 at Oyingbo, Lagos, while selling pirated copies of The Accidental Public Servant. At trial, he pleaded guilty to the charges.

In mitigation, Akamu told the court that the books had been supplied to him by a customer and that he did not know they were pirated. He asked the court for mercy. Justice Saidu nevertheless convicted him following his guilty plea and imposed the custodial sentences.

The prosecution formed part of a broader NCC enforcement effort against piracy of The Accidental Public Servant. Nwoke Isreal and Ifeanyichukwu Nweke are two other defendants convicted in Lagos in May 2013 in connection with pirated copies of the same book. The NCC said the convictions followed anti-piracy operations undertaken after complaints from the right owner.

Why This Case Matters

Nigerian Copyright Commission v. Chibueze Akamu provides a documented example of criminal copyright enforcement against the retail sale and possession of pirated literary works in Nigeria. The case is particularly useful because contemporary accounts provide considerably more detail than the NCC’s summary conviction record. They identify the copyrighted work, the conduct underlying the two charges, the defendant’s guilty plea, the judge, prosecution counsel and the circumstances in which the defendant was apprehended.

The three-month custodial sentence without an option of fine also illustrates the willingness of the Federal High Court to impose imprisonment for commercial book piracy. The fact that both three-month sentences were ordered to run concurrently further provides useful information about sentencing in criminal copyright prosecutions during this period.

The case can also be considered alongside other prosecutions arising from piracy of The Accidental Public Servant, providing a useful record of the NCC’s coordinated enforcement efforts concerning a particular literary work.

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