Nigerian Copyright Commission v. Stanley Nwankwo
Court: Federal High Court
Judgement Delivered on: Monday, February 27, 2012
Citation: 55 NIPJD [FHC. 2012] ABJ/CR/14/2011
Suit No.: FHC/ABJ/CR/14/11
Jurisdiction: Nigeria
Judgement delivered by: Justice B. B. Aliyu
Appearances: Gladys Isaac Ojo with Joy Igbonna for the Prosecution No defence counsel
Copyright Infringement, Sale and Possession of Pirated Films and Sound Recordings — The Federal High Court had to decide on whether or not the accused was guilty of the charges of breach of Section 20(2)(a) and (c) of the Nigerian Copyright Act CAP C28 Laws of the Federation of Nigeria for the sale and possession of 504 infringing copies of local and foreign movies in DVDS and CD formats.
I. Facts
The accused was charged on count one for breach of Section 20(2)(c) of the Nigerian Copyright Act, CAP C28 Laws of the Federation of Nigeria, for being in possession (other than for private use) of 504 infringing copies of local and foreign movies and music in DVD and CD formats. The accused was also charged with breach of Section 20(2)(a) of the Copyright Act i.e. offering for sale 504 copies of copyright infringing optical discs works in DVDs, VCDs and CDs.
II. Judgement
On February 27, 2012, Honourable Justice B.B. Aliyu of the Federal High Court in Abuja convicted the accused of the two-count charge and sentenced him to six months imprisonment with an option of N50, 400 fine.
“…upon your plea of guilty to the said charge of two counts; upon the evidence presented in support of the charge by the prosecution; and having shown no cause why you should not be convicted for the two count charge, I hereby convict you Stanley Nwankwo of the offences of:
(1) Possession other than for private use, 504 (five hundred and four) infringing copies of foreign/local movies and music in DVD/CD format, in which copyright subsists in the owners, and without the consent of the copyright owners, contrary to and punishable under Section 20(2)(c) of the Nigerian Copyright Act, CAP C28 Laws of the Federation of Nigeria 2004.
(2) Exposed and offer for sale 504 infringing copies of foreign/local movies and music in DVD/CD format, in which copyright subsists in the owners, and without the consent of the copyright owners, contrary to and punishable under Section 20(2)(a) of the Nigerian Copyright Act, CAP C28 Laws of the Federation of Nigeria 2004. You are convicted as charged.”…Justice B.B.Aliyu
III. Legal Principle Affirmed
This case reinforces the fact that both possession (beyond private use) and offering for sale of pirated films and sound recordings constitute criminal offences under the Nigerian Copyright Act. Doing so also attracts penalties that may include imprisonment and monetary fines.
