Chief Tony Okoroji this morning began indefinite protest at the Federal ...

OKOROJI BEGINS INDEFINITE DEMONSTRATION AT FEDERAL HIGH COURT LAGOS

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:

MEETING YOU: SATURDAY BREAKFAST with TONY OKOROJI THE MALAMI DE...

MEETING YOU: SATURDAY BREAKFAST with TONY OKOROJI THE MALAMI DE...: I have met one on one with the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami, three times in the la...

SATURDAY BREAKFAST with TONY OKOROJI THE MALAMI DEBACLE – THE MORE HE WRIGGLES, THE DEEPER HE SINKS

I have met one on one with the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami, three times in the last 15 months. I never left any of the meetings convinced that this gentleman has the depth of knowledge, the intellectual inquisitiveness or the temperament to do the job which he has been appointed to do.

On first meeting, Mr. Malami can appear quite charming. Ultimately, my assessment of him is that he takes decisions before he weighs the consequences. I also believe that he has this impression that his position as AGF makes him a kind of demi-god who does not have to listen to the counsel of other people, not even when the people have a lot more knowledge and experience in a subject than him.

Mr. Malami constantly reminds you that he is the Chief Law Officer of the nation as if the Chief Law Officer of the nation is the law. Our AGF also does not fail to remind you consistently that he acts ‘in the national interest’ but he is the only determinant of what the ‘national interest’ is.

After my interaction with Mr. Malami and his team, I have never stopped worrying about the quality of the people we have at the Federal Ministry of Justice. I have asked myself how this set of people can be allowed to wield the enormous powers they wield. I am in no way surprised at the way they have bungled practically every serious case they have had to handle. I am 100% convinced that they do not have the competence to put together a good case or provide the leadership in that area that the nation desperately needs.

I almost thought I have seen enough of the craziness at the Federal Ministry of Justice until I read during the week that Mr. Malami went to a Federal High Court in Abuja with an ex-parte application asking the Court to stop the Senate of the Federal Republic of Nigeria from enquiring into the Maina affair, one of the biggest scandals in Nigerian history. What effrontery!

Tell me, has the AGF forgotten that it was the same Senate of the Federal Republic of Nigeria that he had to stand before to get confirmation to become Minister and Attorney-General? Suddenly, the Senate has no over-sight powers over the AGF who has become bigger than the Nigerian Senate. Balderdash!

Maybe, in a democracy, it is healthy to argue every issue no matter how strange it may appear but Mr. Malami did not want an argument. He wanted Justice Binta Nyako of the Federal High Court to issue a restraining order on the Senate without even hearing the Senate. He wanted Justice Nyako to shield him from explaining to his country what his role is in the multi-billion Naira Maina mess polluting the entire country.

It is the behavior of people such as Malami that gives the likes of Donald Trump the impudence to refer to us a shit-hole nation. Thank you Justice Nyako for saying no to Malami’s crazy application and leaving him in the hole which he dug himself.

It leaves me with the question: In a nation with so many brilliant minds, how did Malami climb to such an exalted position? How did this man come to wear the shoes once won by such a thoroughbred professional like Prince Bola Ajibola whose respect I will continue to have till my dying days? Someone who knows Malami during the week said to me that Abubakar Malami is ‘a quota SAN’ You may think that this came from one of those southern Christians who never seem to see anything good in a northern Moslem. No! The person who described Malami in those words is a very well-educated Moslem northerner who has watched Malami practice law.

I am not in the camp of those derogatively described on social media as ‘wailers’. Indeed, there are people who will swear that I have chopped money from Buhari whom I have never met. This is because of my natural inclination not to see our national challenges from the prism of tribe or religion.

I have heard that Abubakar Malami did quite a bit of pro-bono work for Buhari in his CPC days and his appointment as AGF is compensation for his loyalty. If President Buhari cannot yet see that his loyalty to one man called Abubakar Malami cannot be more important than his debt to the millions of Nigerian citizens who voted him into office, then the President is not the kind of decision maker I always thought he was. What Buhari is faced with might be a Malami debacle. The truth is that the more Abubakar Malami wriggles, the deeper he will sink. The time for Malami to go is now.

Some might say that I want Malami’s job. I am not a lawyer and can never be AGF. I do not hate Abubakar Malami. I do not have the capacity to hate anyone. I just love my country and I am tired of the glaring incompetence everywhere. The incompetence has consequences. It is taking a tole on our people and their pride in their country. That is why young Nigerians are risking their lives and dignity and being sold as slaves in places like Libya and selling their body on the streets of Italy. That is why a Donald Trump can call us a shit-hole nation.

With all humility, I know the music industry more than Abubakar Malami. I know the copyright system more than Mr. Malami. His incompetence and meddling are threatening to destroy the industry I have contributed my life to build for the good of our nation. His meddling will send more young Nigerians on their way to Libya and the streets of Italy.

This week and thereafter, I will protest and protest the continued meddling of Abubakar Malami in the Nigerian music industry, an industry he knows nothing about. I will forcefully protest the violent attempt to stop Justice Ibrahim Buba of the Federal High Court, Lagos from delivering judgment in the suit brought by Copyright Society of Nigeria (COSON) of which I am chairman against the AGF and the MCSN syndicate with seven different criminal cases at the Federal High Court a syndicate which the AGF has gone beyond his powers to authorize to collect royalties on behalf of innocent Nigerian musicians despite the loud protestation of the competent authority.

Anyone who has the ears of President Muhammadu Buhari should tell him that there will be no retreat and no surrender on this matter because no great nation in the history of mankind has been built by cowards.

See you next week.

MIDWEEK BRUNCH with TONY OKOROJI MALAMIGATE – HOW THE MCSN SYNIDICATE INFILTRATED JUSTICE IBRAHIM BUBA’S RESIDENCE

MIDWEEK BRUNCH with TONY OKOROJI

MALAMIGATE – HOW THE MCSN SYNIDICATE INFILTRATED JUSTICE IBRAHIM BUBA’S RESIDENCE

In Saturday Breakfast of December 30, 2017, I told the bizarre tale of how the MCSN syndicate led by one Mayowa Ayilaran made sure that they twice aborted the attempt by Justice Ibrahim Buba of the Federal High Court, Lagos, to deliver judgment in Suit No FHC/L/CS/1259/2017 in which the syndicate is a defendant alongside the Attorney General of the Federation, Mr. Abubakar Malami.

The judgment on a critical matter that has gripped the music industry was first scheduled to be delivered on December 6, 2017. When everyone was seated in the court room, an angry Justice Buba announced that the MCSN syndicate had on the eve of the judgment circulated a petition against him. This was clearly to arm twist him. He thereafter announced that ‘come rain, come sunshine’ he would deliver the judgment on December 14.

Did Justice Buba deliver the judgment on December 14 as he promised? For where? On December 14, the Honourable Justice Ibrahim Buba announced in open court that the case file had been taken from him and he had no choice but to adjourn the case sine die. In other words, no one knows when the judgment will be delivered if it will ever be delivered.

A proper audit of cases at the Federal High Court will reveal that the MCSN syndicate has by far more cases in the court than any other organization in the history of Nigeria. The litany of cases includes seven criminal cases before Justice Mojisola Olateregun Ishola, Justice Babatunde Kwewumi and Justice Abdulazeez Anka all at the Federal High Court, Lagos. The syndicate has become the master of the manipulation of the Nigerian judicial system to escape justice. In the same manner, they have a litany of cases at the Court of Appeal. They have become experts at the use of one case to kill another, thereby turning the courts of justice into courts of injustice.

The schemes of the MCSN syndicate to manipulate justice know no bounds. Not long ago, the syndicate quietly began trailing Justice Ibrahim Buba before whom seven of their officials were facing criminal trial. Eventually, they discovered the Lagos residence of the judge who had no idea that his life may in fact be in danger. Quietly, they got one Louis Udoh, the second in command to Mayowa Ayilaran, the MCSN henchman, to infiltrate the residence of Justice Buba. Craftily, Louis Udoh began to make friends with everyone in the judge’s residence. Udoh showed up regularly for meals and watched football with the unsuspecting family. On one occasion, when Buba’s driver did not show up, Udoh offered to drive Justice Buba before whose court he was personally facing a criminal trial!

Did I make this story up? No! A very alarmed Justice Buba disclosed this in open court upon recognizing Lous Udoh in the dock in his court!

This is the syndicate that the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami, directed the Nigerian Copyright Commission (NCC) to approve as a collecting society to collect copyright royalties on behalf of innocent Nigerian musicians despite the strong protestations of the NCC.

In the subsequent purported approval of MCSN on the orders of the AGF, there was no application in the prescribed form as required by law. In fact, there was no application of any type. There was no payment to the Federal Government of the application fee of N250,000 as required by law. There was no document submitted for the NCC to scrutinize as required by law. There was no process not to talk about due process.
The key question Justice Buba was scheduled to answer in the aborted judgment is this: Under Nigerian law, is the syndicate, Musical Copyright Society Nigeria (MCSN) truly an approved collecting society and authorized to collect money on behalf of innocent Nigerian musicians?

They did not want that question answered hence the muscling of Justice Ibrahim Buba. I have no idea what decision Justice Buba would have come to. What I know is that all the parties have a right to go to the Court of Appeal if any of us is dissatisfied with the judgment.

It is now well known that at the same time that Justice Buba was being harassed, a strange coup was hatched to quickly get rid of me as Chairman of COSON. They have followed this up by peddling so much falsehood about me. They think that I will be frightened and abandon the matter. They are kidding.

I am calling on all self-respecting Nigerian lawyers and the judges in the Nigerian legal system to insist that the case file in Suit No FHC/L/CS/1259/2017 be returned to Justice Ibrahim Buba so that he can deliver judgment in the case as he deems fit. After that, anyone dissatisfied with the judgment can go to the Court of Appeal. No one should be allowed to truncate the rule of law in Nigeria. The consequences are huge.

Tell me, if these people are allowed to get away with this, what will they do next? With a bible in my hand, I swore to defend the rights of the Nigerian creative community. Nobody will stop me from doing that.

See you on Saturday.

SATURDAY BREAKFAST with TONY OKOROJI MALAMI, MAINA, MCSN & ME – A BIZZARE TALE

On December 6, 2017, a Judge of the Federal High Court, Justice Ibrahim Buba stepped into his court room in Ikoyi, Lagos. His court room was full to the brim. Justice Buba was scheduled to deliver an important judgment in a matter that has caused so much trouble in the Nigerian creative industry.
Justice Buba did not deliver the judgment. A visibly angry Buba said that the evening before, he received a petition against him from a party in the case, obviously trying to intimidate him. He announced that ‘come rain, come sunshine’ he would deliver the judgment on December 14.

Lo and behold, on December 14, Justice Ibrahim Buba still did not deliver the judgment. He said that the case file had been taken from him and he had no choice but to adjourn the matter till further notice!

The key question Justice Buba was scheduled to answer in his judgment is this: Under Nigerian law, is the syndicate, Musical Copyright Society Nigeria (MCSN) truly an approved collecting society and authorized to collect money on behalf of innocent Nigerian musicians? Somebody did not want that question answered hence the muscling of Justice Ibrahim Buba.

You may wonder why this is important. The MCSN cabal, together with its henchman, one Mayowa Ayilaran and six of MCSN’s officials are facing seven different criminal cases before different judges of the Federal High Court. Each of the cases was filed by the Nigerian Copyright Commission (NCC), an agency of the Federal Government.

How did this bizarre tale take this crazy turn? Early in 2017, the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami, in a strange letter, directed the NCC to approve MCSN as a collecting society to collect copyright royalties for the Nigerian music industry. At the NCC, they were mystified by what Mr. Malami, a lawyer, was asking them to do. The NCC replied Mr. Malami giving him several reasons clearly showing that what he was asking the commission to do is dangerous and unlawful.

The NCC objections did not stop the AGF. In a strongly worded letter dated 22nd March, 2017, Mr. Malami ordered the NCC, despite the strong protestations, not only to immediately license MCSN, but to withdraw every case filed by the commission against MCSN including the seven criminal cases at the Federal High Court before Justice Mojisola Olateregun Ishola, Justice Babatunde Kwewumi and Justice Abdulazeez Anka.

Any ‘baby lawyer’ will tell you that the AGF has the power to file a ‘Nolle Prosequi’ to stop any case. In this case, the AGF did not file a ‘Nolle’. He ordered the NCC to abruptly withdraw the cases, referring to the powers he thinks he has under Section 50 of the Copyright Act to give directives to the NCC. The only problem is that the law in Section 51 expressly vests the power to give directives to the NCC in “the minister charged with the responsibility for culture” and not the AGF.

On learning about this strange development, I sought to see the AGF because I knew that his directives would set the music industry on fire. I am very familiar with the Copyright Act; I served in the committee that drafted the Act. I am familiar with the Copyright Commission; I was twice on the board of the commission. I know the Nigerian music industry from several directions.

I met with the AGF in his Abuja office on April 6, 2017. After our discussions including documents I gave to him, Mr. Malami said that he did not quite understand the issues but had acted out of persistent pressure from his S.A. (Media), one Salihu Othman Isa. He also told me that he was alarmed at some point with the unending pressure of Isa and that he had asked Isa what his interest was in the matter. I believed Mr. Malami.

To cut a long story short, I asked the AGF what he was going to do about the matter since he had become better informed. He looked at me, eye ball to eye ball, and said, “give me seven days”. Seven days passed and nothing happened. Another seven days went by and I placed a call to the AGF and there was no answer. I sent him a text and there was no reply. I followed up with an e-mail which received no acknowledgement. It became clear to me that I had been sold a dummy. Mr. Malami all the time knew what he was doing!

At COSON of which I am chairman, we addressed a press conference on the issue. Thereafter, I was sent a battery of very vile text messages by one Sylvester, a very senior aide to Mr. Malami calling me names in gutter language totally unbecoming of a senior government official. This was followed by mails threatening me with court action.

When it became obvious that despite his promise, the AGF would never address the problem, we took the issues to the Federal High Court for a resolution. Justice Ibrahim Buba before whom the case is, is being harassed, intimidated and blackmailed. He is being forcefully prevented from delivering judgment in the matter. I thought that I would never see this kind of day in my fatherland when the rule of law is so violently assaulted. The courts were supposed to be the last refuge of the common man. I am startled by the precedent being set: a judge being arm-twisted so that he does not deliver judgment in a case as he deems fit. Absolutely crazy!

I have no idea what decision Justice Buba would have come to. What I know is that all the parties have a right to go to the Court of Appeal if any of us is dissatisfied with the judgment. At the same time that Justice Buba is being harassed, a strange coup was hatched to quickly get rid of me at COSON followed by so much falsehood being peddled around which they think will destroy my integrity. You think it is a coincidence? Forget it! They are all being cooked in the same kitchen. Somebody is afraid of the judgment of Justice Ibrahim Buba.

I have followed the matter of Abdulrasheed Maina, former chairman of the Presidential Task Force on Pensions Reform. I followed the testimony of the Head of Service of the Federation, Winifred Oyo-Ita at the House of Representatives Enquiry. Everything she said is familiar. There is a pattern. We know about Malami and Maina and we now know about Malami and MCSN. How many others in this MMM Plus scheme don’t we know about? It is clear that we have a Chief Law Officer who erroneously thinks that he is the law. He should be told that he is not.

I am asking all the judges in the Nigerian legal system to insist that the case file in Suit No FHC/L/CS/1259/2017 be returned to Justice Ibrahim Buba so that he can deliver judgment in the case as he deems fit. Tell me, if they are allowed to get away with this, what will they not do next? With a bible in my hand, I swore to defend the rights of the Nigerian creative community. Nobody, no matter how powerful he thinks he is, will stop me from doing that.

By the way, if something funny happens to me in the coming days, Nigerians ought to know in which kitchen it was cooked.

See you next week.