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.
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.
