N40m Judgement : Court Attaches NCC Accounts

In a bid to satisfy a judgement sum of N40 million, a Federal High Court sitting in Lagos, southwest Nigeria, has ordered that all monies in the account of Nigeria Copyright Commission, NCC, in any of the 19 commercial banks in Nigeria should be attached.

The order of the court was as a result of a fundamental right enforcement suit filed before the court by the law firm of Adejumo Ekisola and Ezeani on behalf of  Musical Copyright Society of Nigeria, MSCN, Limited and its four principal  officers, Mr. Mayo Ayilaran, Mr. Orits Williki, Louis Bassey Udoh and Halim Mohammed, against Nigeria Copyright Commission, NCC, over an unlawful and unwarranted breach of their fundamental human rights.

Joined as co-defendants in the legal battle are Director General of the Commission, Amodu Augustine Alewu, Henry Njoku and the Inspector General of Police.

In an affidavit deposed to by Mr. Louis Bassey Udoh, he averred that the Musical Copyright of Nigeria has since its incorporation in 1984 and through the various deeds of assignment of copyright from  several Nigerian composers and producers of musical and audio visual works been the owner and exclusive licensee of copyright of musical and related audio-visual works duly ceded to it.

Musical Copyright of Nigeria, MSCN, has been managing and protecting its intellectual property in accordance with the provision of existing copyright laws.

However, sometime in May 1999, Nigeria Copyright Commission and its agents allegedly invaded the offices of the applicant then located at First Floor 565 Ikorodu Road, Ketu, Lagos whereby they seized several files, documents and working instruments of the applicants and took any charge or warrant of arrest.

Thereafter, a formal charge was  proffered against musical copyright of Nigeria and its Chief Executive, Mr. Mayor Ayilara, for alleged operations and running of a collecting society without the approval of Nigeria Copyright Commission.

After several adjournments at the instance of the prosecutors on behalf of the NCC spanning over a period of three years which subjected the applicants to intimidation, harassment and huge financial losses. The charge was finally struck out for want of diligent prosecution and another charge was immediately filed against MSCN Musical Copyright of Nigeria and Mr. Mayor Aylara and Louis Udoh. The charge was also struck out and since then, the applicants have been under constant harassment and intimidation by the respondents. So many documents of the applicants were taken away without entering them in the inventory which they were asked to sign.

However, in a counter affidavit filed by the respondents, Nigeria Copyright Commission averred that it has power to enforce the Copyright Act whose power include to enter premises without warrant and seize any document relating to piracy and prosecute any suspect and generally exercise powers, right and privileges of a police officer in the investigation and prosecution of copyright crime.

In his ruling, Justice Charles Efanga Archibong said it is not for the Nigeria Copyright Commission to hound persons, corporate or otherwise that are legitimately and constitutionally protecting their proprietors’ interests.

The Copyright Commission was not establish to reinforce the rights of copyright owners, assignees and licensees, not to be an institutional hurdle with arbitrary powers to restrict private enjoyment and enforcement of such rights. Consequently, compensation of N40 million is awarded in favour of the applicants and against the respondents for their unlawful arrest, detention and disruption of  their business.