Mr. Justice Mohammed Hassan of the
Federal High Court Lagos, on Wednesday, February 6, 2019 ordered the re-opening
of all bank accounts of Copyright Society of Nigeria (COSON) at United Bank for
Africa (UBA), Diamond Bank PLC and First Bank of Nigeria, frozen as a result of
an interim order issued by him on November 30, 2018. The judge also struck out
Suit No. FHC/L/CS/1819/2018 brought by Premier Music Publishing Ltd, Pretty Okafor and one other saying that his court
lacked jurisdiction to hear the suit as there was a subsisting order of the
Federal High Court on the matter.
On December 17 when the application
to have the order of Justice Hassan vacated, was moved by COSON lawyer, Mr.
Uche Val Obi SAN, the senior advocate drew the attention of the court to the
fact that Pretty Okafor, one of the plaintiffs who deposed to the affidavit
upon which the ex-parte order was obtained, did not disclose to the court that
while he was a member of a defunct musical group called “Junior & Pretty”,
he had never at any time applied to be a member of COSON, never been granted
membership of COSON, does not possess a membership number, membership
certificate or membership card of COSON, has not assigned any copyright to COSON
and has no voting rights in any meeting of COSON and no interest in the funds
of COSON.
The senior advocate also drew the
attention of the court to the fact that Mr. Okafor did not disclose the
existence of Suit No ID/ADR/903/18 filed on the 22nd of May, 2018 against him
by the Chairman of the Board of COSON, Chief Tony Okoroji in which Chief
Okoroji is claiming the sum of six hundred million naira for malicious lies and
serial defamation published by Mr. Okafor, a suit to which Mr. Pretty Okafor
had not filed any defence.
Mr. Obi went ahead to remind the
court that COSON has well over 4,000 members across the country made up of
Nigeria’s foremost songwriters and performers who have interest in the funds of
the society and who had not authorized the Plaintiffs whom he described as
forming less than 0.075% of the COSON membership to bring the court action and
that none of the over 150 reciprocal representation partners of COSON across
the world was in support of the suit and that the plaintiffs lacked locus to
bring the action.
The court was also told that the
Extra-Ordinary General Meeting of COSON had been fixed and widely publicized to
hold on December 18, 2018 and that the injunction was a devious plan by the
plaintiffs to starve COSON of funds, abort the extra-ordinary general meeting
and deny the thousands of innocent COSON members their earned royalties planned
to be made available to them at the EGM.
In the affidavit in support of the
application, it was deposed to that Mr. Toju Ejueyitchie, the Managing Director of Premier
Music, the 1st Plaintiff in the case, was a member of the Management Board of
COSON and failed in his attempt to be re-elected to the Board and has since
then been antagonistic to COSON and has repeatedly written petitions upon
petitions against COSON and despite the fact that an overwhelming majority of
the members of COSON resent their plans and strategies, the plaintiffs have
become obsessed with their desire to control COSON.
The attention of the court was drawn
to the fact that COSON was practically unknown and given little chance of
survival about eight years ago but as a result of focused and dedicated
leadership, the organization has grown in leaps and bounds, attracting the
bitterness and acquisitiveness of some like the plaintiffs who have
relentlessly attacked and distorted the records of the organization with every
instrument they can muster.
The court was also told that as proof
of the malice behind the action of the plaintiffs, immediately after obtaining
the injunction, they rushed to the banks and ensured the service of the order
on all the banks but made sure that COSON was not served. COSON only discovered
that all its bank accounts had suddenly and mysteriously been shut down and
every road block set up to prevent it from processing and filing a proper
application to discharge the order.
Several members of the COSON Board as
well as the COSON General Counsel were in court when the decision was read.
Reacting to the court decision, COSON Chairman, Chief Tony Okoroji who was in court when Justice Hassan
read his detailed ruling said that he was happy with the judge’s understanding
of the issues. He said that he was touched by the calmness with which the
members of COSON had endured the trauma they had been forced to go through and
said that every step would be taken to ensure that all outstanding royalties
are sent to their rightful owners without delay.
The Plaintiffs were represented in the
case by Dr. Adewale Olawoyin SAN.
