Practically all telephone lines at COSON House Ikeja, the headquarters of Nigeria’s biggest copyright collective management organization have been buzzing non-stop since Monday, June 26, 2023 when the Court of Appeal sitting in Calabar handed down the historic judgment affirming the 2018 judgment of Justice Inyang Ekwo of the Federal High Court, Calabar, ordering the Cross River State Government of Nigeria to pay the sum of N500,000,000.00 (Five Hundred Million Naira) to Copyright Society of Nigeria (COSON) for copyright infringement at the Calabar Carnival.
COSON floors CRS at Appeal Court
In the judgment which is eliciting positive reactions from across the entire world of Intellectual Property, the Panel of the Court of Appeal made up of Justice Raphael Chike Agbo, Justice Bilkisu Bello Aliyu and Justice H.A. Barka unanimously dismissed each of the four issues raised by the Cross River State Government and the Calabar Carnival Commission in their appeal against the judgment of Justice Inyang Ekwo in Suit No: FHC/C/CA/15/2014. The Court of Appeal went on to award a cost of One Hundred Thousand Naira against the Cross River State Government and the Calabar Carnival Commission. The lead judgment was delivered by Hon Justice Bilkisu Bello Aliyu.
There has been a deluge of congratulatory messages to COSON from top practitioners in the music, literary and movie industries from home and abroad and intellectual property lawyers and professors. Among the many international copyright institutions that have sent messages of congratulations to COSON are the Norwegian Copyright Development Association (NORCODE), Copyright Society of Botswana (COSBOTS), African Regional Intellectual Property Organization (ARIPO), Olsson Koskinen Consulting of Finland, Ghana Copyright Office, Zambia Music Rights Association (ZAMRO), Zimbabwe Music Rights Association (ZIMURA) Copyright Office of Cameroun, Copyright Office of Mauritius, Copyright Office of Burkina Faso, etc.
COSON Chairman, Chief Tony Okoroji who travelled to Calabar at least 15 times in search of justice in the matter and who stood as witness to COSON in the case has said, “I was told that I was a fool as no one can win a case in Calabar against the Cross River State Government. But we have won both at the Federal High Court and at the Court of Appeal each sitting in Calabar”.
Said Okoroji, “it took us 9 solid years of stringent legal battle to win this historic victory for Nigerian musicians, the entire Nigerian creative family and the copyright system across the world. The courts have affirmed the intellectual property rights of creative people in Nigeria and stated loudly that in Nigeria, no one is above the law, not even the government. This is the legacy we leave for the coming generation. The monetary award is important but more important is the precedent set by the courts”.
COSON General Manager, Mrs. Bernice Eriemeghe Ashibuogwu says “The reaction is overwhelming. My phone is almost on fire. This is the COSON never-say-die spirit at work. COSON will never tire or give up in the pursuit of justice. No! … No!! We will steadfastly follow up each case for as long as it takes to obtain victory for our members. I want to say it loud and clear that it is very dangerous to bet against COSON”.
COSON was represented both at the Federal High Court and the Court of Appeal by Justin Ige Esq of Creative Legal and James Ibor Esq of Basic Rights Law Partners while the Cross River State Government was represented at the Court of Appeal by Tawo E. Tawo SAN.
