Nigerian Copyright Commission v. Copyright Society of Nigeria Ltd/Gte & 4 Ors.
Court: Federal High Court, Lagos Judicial Division
Charge No.: FHC/L/338C/18
Charge filed on: October 8, 2018
Complainant: Nigerian Copyright Commission
Jurisdiction: Nigeria
Subject matter: Copyright – Collective Management Organisation – Operating without approval
BETWEEN:
NIGERIAN COPYRIGHT COMMISSION
Complainant
AND
- COPYRIGHT SOCIETY OF NIGERIA LTD/GTE
- CHIEF TONY OKOROJI
- CHINEDU CHUKWUJI
- BERNICE ERIEMEGHE
- ANNE OKOMI
Defendants
Charge
The defendants were charged with performing the duties of a collecting society by allegedly demanding and collecting royalties and conducting the business of negotiating and granting copyright licences without the approval of the Nigerian Copyright Commission.
Charge as Filed
That you (1) Copyright Society of Nigeria Ltd/Gte (2) Anthony Okoroji (M) (3) Chinedu Chukwuji (M) (4) Bernice Eriemeghe (F) (5) Anne Okomi (F) all of No 41 Oluwaleyimu Street, Ikeja Lagos State on or about the 21st of May 2018 within the Lagos Judicial Division of this Honourable Court did perform duties of a collecting Society by demanding and collecting royalties from Noah’s Ark of 9 Sowemimo Street, GRA, Ikeja Lagos and carrying on the business of negotiating and granting licenses on behalf of Copyright owners without the approval of the Nigerian Copyright Commission and thereby committed an offence contrary to and punishable under sections 39 (4), (5) and (6) of the Copyright Act Cap C 28 Laws of the Federation of Nigerian 2004.
Legal Provision
The charge was brought under sections 39(4), (5), and (6) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria 2004. These provisions addressed the operation of a collecting society without the approval of the Nigerian Copyright Commission.
Background
According to a press release issued by the Nigerian Copyright Commission on October 9, 2018, COSON was granted approval in May 2010 to operate as a Collective Management Organisation for musical works and sound recordings. The Commission stated that it suspended COSON’s operating licence on April 30, 2018, following a dispute concerning COSON’s governing board and the organisation’s alleged refusal to comply with the Commission’s directives.
The press release stated:
“The Management of COSON has continued to disregard the directive of the Commission, and also acted in violation of the Order of suspension of its operating license as a collective management Organization.”
The Commission further stated that the criminal charge followed an investigation into COSON’s activities. These statements represent the Commission’s allegations and regulatory position; they were not findings made by the Court.
Allegations
The Commission alleged that, despite the suspension of COSON’s approval, the defendants:
- performed the duties of a collecting society;
- demanded and collected royalties from Noah’s Ark;
- negotiated or granted licences on behalf of copyright owners; and
- carried on collective-management activities without the Commission’s approval.
The alleged conduct was said to have occurred on or about May 21, 2018, at Noah’s Ark, 9 Sowemimo Street, GRA, Ikeja, Lagos.
Defendants’ Position and Related Proceedings
COSON disputed the legality of the Nigerian Copyright Commission’s actions and maintained that the Commission lacked the power to suspend or revoke its approval in the manner alleged. COSON reportedly applied for Charge No. FHC/L/338C/18 to be quashed or, alternatively, for the prosecution to be suspended pending the determination of related civil proceedings.
In 2020, COSON commenced a separate civil action against the Commission in Suit No. FHC/L/CS/425/2020, challenging the suspension of its approval and other regulatory actions. The Federal High Court refused COSON’s application for an interlocutory injunction on December 1, 2021. The Court of Appeal subsequently dismissed COSON’s interlocutory appeal in Appeal No. CA/LAG/CV/166/2022 on July 9, 2026.
Those decisions concerned COSON’s request for interlocutory relief. They did not determine the defendants’ guilt or formally dispose of Charge No. FHC/L/338C/18.
Case Status
Nooktoria has not located a publicly available final judgment showing that Charge No. FHC/L/338C/18 resulted in a conviction, acquittal, dismissal, striking out or formal withdrawal. The proceeding should therefore be listed as an unreported criminal charge whose final disposition has not been publicly confirmed.
Editorial Note
This record is based on the charge sheet dated October 8, 2018, the Nigerian Copyright Commission’s press release dated October 9, 2018, and publicly available reports concerning the proceeding. The statements contained in the charge and the Commission’s press release are allegations. No publicly available final judgment establishing the defendants’ guilt has been located.
Related Case
- Copyright Society of Nigeria Ltd/Gte v. Nigerian Copyright Commission, Suit No. FHC/L/CS/425/2020 — COSON challenged the Commission’s suspension of its approval and sought an interlocutory injunction restraining further regulatory action.
Research Citing This Proceeding
- Kunle Ola and Foluke O. Majekolagbe, “Reimagining Copyright Collective Management for Nigerian Creators: Learning from International Models” — cites NCC v. Tony Okoroji & Ors., Charge No. FHC/L/338C/18, in its discussion of disputes affecting collective copyright administration in Nigeria.