Nigerian Copyright Commission v. Emordi Henry Chukwuma
Court: Federal High Court, Abuja Judicial Division
Suit No.: FHC/ABJ/CR/90/13
Date of Judgment: 19 June 2013
Judge: Hon. Justice A. R. Mohammed
Parties:
- Complainant: Nigerian Copyright Commission (NCC)
- Accused/Convict: Emordi Henry Chukwuma
Issues
- Whether or not the accused possession and use of illegal smart cards and subscriber records were copyright infringement under the Nigerian Copyright Act.
- Whether, in respect of the guilty plea and mitigating factors, the court should impose a custodial sentence or alternative fine.
- Whether the request by the prosecution that the infringing material be destroyed be granted
Background
The Nigerian Copyright Commission charged one Emordi Henry Chukwuma with two offenses under the Nigerian Copyright Act, both of which were for copyright infringement. The offenses were for being in possession and using unauthorized apparatus to rebroadcast DSTV satellite TV content without authorization. The goods confiscated from his premises are six smart cards and his subscriber lists.
At the arraignment, the suspect, who is a retired civil servant and has not received his pension since 2010, told the court that he could not afford to hire counsel and would defend himself. The prosecution rescinded count one and charged the suspect with count two. The suspect pleaded guilty after the charge was read and explained to him.
“Convict: My pension was last paid in 2010. I did not know that what I have done was an offence. I did it to feed my children and family. I also was doing it to pay school fees for my children. The place I was doing the business was in the open and not hidden, because I never thought it was wrong to do what I have done. I was only given DSTV programmes to my neighbours so that they can help me recharge the smart card. I beg the Court to have mercy on me.”
Court: Does the prosecution have any evidence that the convict have a previous criminal record[?]
Dimowo Esq.: The convict has no previous criminal record.
Key Legal Principles
- Copyright Infringement under Nigerian Law – This case shows that possession and utilisation of unauthorized apparatus for retransmission of copyright works without permission from the right owner constitutes infringement of the Copyright Act.
- Plea of Guilty – The case further demonstrates that unreserved and unconditional plea of guilty can form the foundation for conviction without a complete trial, subject to the fact being investigated and accepted by the court.
- Sentencing Principles – Sentencing serves not only to punish but to reform and rehabilitate, and leniency based on grounds of mitigating circumstances (e.g., economic disadvantage, absence of prior record, remorse) is permissible.
- Destruction of Infringing Items – Destruction of infringing material and equipment at conviction can be ordered by the court as a means of precluding future unauthorized use.
Decision
- Conviction: The accused was found guilty of one count of copyright violation by the court based on his guilty plea and evidence produced, which included his statement under caution (Exhibit A), list of items seized (Exhibit B), subscriber list (Exhibit C), and six smart cards (Exhibits E–E5).
- Sentence: Considering the convict’s financial need, absence of previous criminality, and remorse, the court imposed on him payment of a fine of ₦10,000 as an alternative to one month’s imprisonment.
“SENTENCE: The convict has not wasted the time of the Court in pleading guilty. It is clear that the convict did not even know that his activities were criminal in the eyes of the law. From his plea for leniency, the convict appears to be a pensioner who was last paid his pension entitlement in 2010, that was three years ago. With a family to cater for, and regular pension not forthcoming, it is not strange that the convict would definitely look for any means of survival. It is even gratifying that the convict was not forced to venture into hard crimes like robbery, 419 scam or even becoming a ready courier in the hands of drug barons.
In law, the essence of sentencing is not to punish but to reform and rehabilitate. It is enough if a convict feel remorseful for his actions. From his demeanor, the present convict has shown enough remorse for his action. That means, the convict is entitled to leniency from the Court. I therefore hereby sentence the convict to pay fine of ₦10,000.00 in lieu of imprisonment or one month imprisonment.”—Judge A.R. Mohammed
- Destruction Order: The court ordered the destruction at the instance of the prosecution of copyright infringing items.
“Dimowo Esq.: I apply for leave that the items seized be destroyed by the Nigerian Copyright Commission
Court: Application is granted.”
