Nigerian Copyright Commission v. Chinonso Ugochukwu
NIPJD Citation: NIPJD/FHC/2020/UY-53C-20
| Case Information | Details |
| Court | Federal High Court of Nigeria |
| Judicial Division | Uyo Judicial Division |
| Charge No. | FHC/UY/53C/2015 |
| Parties | Nigerian Copyright Commission v. Chinonso Ugochukwu |
| Complainant | Nigerian Copyright Commission |
| Defendant | Chinonso Ugochukwu |
| Date of Judgment | 1 July 2020 |
| Area of Law | Copyright Law; Criminal Law |
| Subject | Copyright Infringement; Sale and Possession of Infringing Copies; Pirated Literary Works |
| Applicable Law | Sections 20(2)(a), 20(2)(c) and 38, Copyright Act, Cap. C28, Laws of the Federation of Nigeria 2004 |
| Decision | Defendant convicted on both counts |
| Status | Conviction affirmed on appeal |
Background
The Nigerian Copyright Commission prosecuted Chinonso Ugochukwu, who traded under the name De-Chitez Bookshop, in connection with 578 copies of literary works recovered from his bookshop.The prosecution alleged that on or about 13 August 2014, within the Uyo Judicial Division, Ugochukwu exposed and offered for sale, for the purpose of trade or business, 578 infringing copies of various literary works in which copyright subsisted in favour of various rights owners without their consent or authorization.
The works included copies of the Holy Bible (Revised Standard), Progressive Mathematics Book 1 (JSS), Technical Drawing for School Certificate and GCE, Eze Goes to School, ICT Model Questions and Answers, A-Z of JAMB’s Use of English, and 21st Century Dictionary, among others.
Charges
The defendant faced two counts.
Count One: Exposing and offering for sale, for the purpose of trade or business, 578 infringing copies of various literary works, contrary to and punishable under section 20(2)(a) of the Copyright Act.
Count Two: Possessing, other than for private or domestic use, the same 578 infringing copies of literary works, contrary to and punishable under section 20(2)(c) of the Copyright Act.
COUNT ONE
“That you Mr. Chinonso Ugochukwu, male, trading under the name and style of DE-CHITEZ Bookshop, of No. 17 Grace Bill Road, in Akwa Ibom State on or about the 13th day of August 2014, within the Uyo Judicial division of the Federal High court of Nigeria did expose and offer for sale for the purpose of trade or business 578 (five hundred and seventy eight) infringing copies of various literary works which titles include but are not limited to Holy Bible (Revised Standard), Progressive mathematics book 1 (JSS), Technical Drawing for School certificate and GCE, Eze Goes to school, ICT Model Questions and Answers, A-Z of JAMB’s Use of English, 21st Century Dictionary e.t.c. in which copyrights subsist in favour of various right owners without the consent and authorization of the copyright owners 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.”
COUNT TWO
“That you Mr. Chinonso Ugochukwu, male, trading under the name and style of DE-CHITEZ Bookshop, of NO. 17 Grace Bill Road, in Akwa Ibom State on or about the 13th day of August 2014, within the Uyo Judicial division of the Federal High Court of Nigeria did have in your possession, other than for private or domestic use 578 (five hundred and seventy eight) infringing copies of various literary works which titles include but are not limited to Holy Bible (Revised Standard), Progressive mathematics book 1 (JSS), Technical Drawing for School certificate and GCE, Eze Goes to School, ICT Model Questions and Answers, A-Z of JAMB’s Use of English, 21st Century Dictionary etc. in which copyrights subsist in favour of various right owners without the consent and authorization of the copyright owners thereby committed an offence contrary to and punishable under Section 20 (2)(c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria 2004.”
Proceedings
The defendant pleaded not guilty. The prosecution called four witnesses and tendered the literary works alleged to be pirated. The defendant testified in his own defence but called no additional witnesses.
The prosecution’s evidence included an inventory of the 578 seized literary works, invoices and receipts recovered from the defendant’s shops, and testimony from copyright inspectors. A representative of the Bible Society of Nigeria also testified and identified differences between original copies of the Revised Standard Bible and pirated copies recovered from the defendant’s shop.
Decision
The Federal High Court found that the prosecution proved the two-count charge against the defendant beyond reasonable doubt and convicted him on both counts. The defendant was sentenced to one year imprisonment or a fine of ₦30,000 on each count.
Subsequent History
Chinonso Ugochukwu appealed his conviction and sentence to the Court of Appeal, Calabar Judicial Division. On 3 June 2022, the Court of Appeal dismissed the appeal for lack of merit and affirmed the judgment of the Federal High Court.