Nigeria Copyright Commission & Ors V. Musical Copyright Society Of Nigeria Limited Gte & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Federal High Court, Lagos Division delivered on the 18th day of March, 2013 by HON.JUSTICE MOHAMMED YUNUSA wherein the lower Court entered judgment against the Appellants. Dissatisfied with the said judgment, the Appellants filed a Notice of Appeal dated 15/4/2013 and filed on the same date setting out 5 grounds of appeal.

The appeal arose from an application made by the Respondents under the Fundamental Rights Enforcement rules seeking the following reliefs:

a. A Declaration that the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th Applicants are entitled to their rights to dignity of their persons, personal liberty and rights to move freely as guaranteed by Sections 34, 35, and 41 of the Constitution of the Federal Republic of Nigeria 1999 and also by virtue of Article 2, 3, 4, 5, 6, 10, 11 and 12 of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria 2004.

?b. A Declaration that the existence and the activities of the Applicants is guaranteed

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under Section 40 and 44 of the Constitution and the 1st Applicant’s operation is legal and Constitutional based on subsisting Order of the Court in suit No. FHC/L/CS/35/08 delivered by Justice Archibong reinforcing the Applicant’s rights as guaranteed by the Constitution of the Federal Republic of Nigeria.

c. A Declaration that the 1st Applicant has the constitutional Right under Section 44 of the Constitution to own and enjoy the Copyrights and/or proprietary rights as guaranteed by the Constitution based on several deed of assignment, contracts, Licences, Power of Attorney flowing from the original Copyright owners to the Applicant.

d. An Order that continued detention, harassment and intimidation, threat and torture of the 2nd, 3rd, 4th, 5th, 6th, 7th and 8th Applicants by the Respondents is unlawful, unwarranted and in breach of the Applicants fundamental rights to dignity of their persons, personal liberty and rights to movement as protected by the Constitution.

e. An Order of perpetual injunction restraining the respondents whether by themselves, officers, Agents, privies from further harassing, intimidating, detaining or further

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arresting the Applicants or any of its officers or agents in the course of performing their lawful and legal duties and administering their property right.

f. An order directing the Respondents to immediately release the equipment, files, documents and all materials seized from the office of the Applicants by the Respondents.

g. An order of the Honourable Court awarding competing compensation for the Applicants and against the Respondents in the sum of N50,000,000.00 (Fifty million Naira) (jointly and severally) for the threat, unlawful arrest, detention, intimidation and harassment of the 2nd, 3rd, 4th, 5th, 6th and 8th Applicants.