Chairman, Copyright Society of Nigeria (COSON), Chief Tony
Okoroji, has begun an indefinite one-man demonstration in front of the Federal
High Court, Lagos. Chief Okoroji said that his action has become necessary to
draw the attention of the world to a new and dangerous attempt to destroy the
Nigerian judicial system by the blackmail ofa Nigerian judge to force him not
to deliver a judgment written by him.
The former president of PMAN, very well respected for his
depth of knowledge in intellectual property issues across the continent,said that
he is asking all lawyers and judges in the Nigerian legal system to insist that
the case file in Suit No FHC/L/CS/1259/2017
which he said was taken away in bizarre circumstances from Justice
Ibrahim Buba of the Federal High Court, Lagos,just as he was about to deliver
judgment in the suit, be returned to the judge so that he can deliver his judgment and any of the parties dissatisfied
with the judgment can proceed to the Court of Appeal.
According to Chief Okoroji, the key
question Justice Buba was scheduled to answer in his judgment is this: Under
Nigerian law, is the syndicate known as Musical Copyright Society Nigeria
(MCSN) truly an approved collecting society and authorized to collect money on
behalf of innocent Nigerian musicians? Okoroji was insistent that some people
desperately do not want that question answered hence the muscling of Justice
Ibrahim Buba and the failed machinations to remove Okoroji himself as Chairman
of COSON.
It will be recalled that on December 19, the COSON General Assembly
met in Lagos and condemned in very strong terms what it termed the brazen
actions of the Attorney-General of the Federation & Minister of Justice,
Mr. Abubakar Malami in ordering the Nigerian Copyright Commission (NCC),
despite the Commission’s strong protestations, to blatantly go against Nigerian
law and approve the MCSN syndicate to collect copyright royalties on behalf of
innocent Nigerian musicians, while the Attorney-General knows that MCSN
together with its leadership are facing seven different criminal cases at the
Federal High Court which cases were filed by the same NCC, an agency of the
Federal Government. The Assembly described the action of the Attorney-General
as defying common sense while warning that Nigeria is not a Banana Republic and
Mr. Abubakar Malami cannot be law on to himself.
The COSON General Assembly also called on President Muhammadu
Buhari, Vice President Yemi Osinbajo, the Nigerian Bar Association, the
National Assembly, the National Judicial Council, the Chief Justice of Nigeria
and the Acting Chief Judge of the Federal High Court to take necessary steps to
save the Nigerian creative industry from the meddling of Mr. Abubakar Malamiand
the raging fire lit by him and ensure that the MCSN syndicate and the seven
members of its leadership presently on bail and facing seven different criminal
cases at the Federal High Court are fully prosecuted and no steps whatsoever
are taken to let any of the accused persons escape justice through the back
door.
The General Assembly also forcefully condemned the
heavy-handed actions to harass, arm-twist, intimidate and blackmail a Federal
High Court Judge, Justice Ibrahim Buba, which actions twice aborted his attempt
to deliver Judgment in the case brought by COSON against MCSN and the
Attorney-General of the Federation challenging the dubious approval of MCSN.
The Assembly described the intimidation of Justice Buba as a dangerously
frightening effort to muzzle the Nigerian judiciary which development must be
condemned by all lawyers, judges and every self-respecting Nigerian citizen.
The COSON Assemblystated that in a nation in which courts
regularly rule against governors and even the Federal Government, MCSN and the
Attorney-General of the Federation cannot be above the law and that the case
file taken from Justice Ibrahim Buba just as he was about to deliver judgment
in Suit No FHC/L/CS/1259/2017, should be returned
to the Judge immediatelyand that Justice Bubashould be allowed to deliver
judgment as he deems fit in the case because justice delayed is justice denied.
The Assembly said that any party in the case dissatisfied with the judgement of
Justice Ibrahim Buba, including COSON, can thereafter go to the Court of Appeal
to seek a reversal of the judgment.
The Assembly also demanded the immediate return of the
Nigerian Copyright Commission to the supervision of the Minister charged with
responsibility for culture as clearly prescribed in Section 51 of the Copyright
Act and bring to an end the continued anomaly created by the supervision of the
Copyright Commission by the Minister of Justice, a situation which is expressly
against the provisions of the law and which has resulted in the meddling of the
Minister of Justice and caused enormous problems for the Nigerian creative
industry.
FOR COSON:
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