NCC Arraigns MCSN, 7 others for Performing Society Duties

Nigerian Copyright Commission (NCC) has arraigned the Musical Copyright Society of Nigeria (MCSN) and seven of its officials at the Federal High Court, Ikoyi, Lagos, for performing the functions of a collecting society without the approval of the Commission as required by law.

The officials of MCSN arraigned by the NCC before Honourable Justice Mohammed Nasir Yunusa on December 4, 2012 were Mayowa Ayilaran, Louis Udoh, Halim Mohammed, Banjo Omolara Biliqis, Yusuf Adogi Benson, Olakayode Ajayi and Njoku Gladys.

The accused persons pleaded not guilty to one-count each of three charges preferred against them and the MCSN in charges Nos. FHC/L/351C/2012, FHC/L/352C/2012 and FHC/L/353C/2012, all dated October 10, 2012 and signed by a Copyright Inspector and Prosecutor of the NCC, Obi Ezeilo, Esq
.
The first charge, FHC/L/351C/2012, states: “That you (1) Musical Copyright Society of Nigeria Ltd/Gte (2) Mayowa Ayilaran (M) (3) Louis Udoh (M) (4) Halim Mohammed (M) (5) Banjo Omolara Biliqis (F) (6) Yusuf Adogi (M) (7) Olakayode Ajayi (M) and (8) Njoku Gladys (F) all of No. 6 Olaribido Street, Ikeja, Lagos State on or between 2010 and 2012 within the Lagos Judicial Division of the Honourable Court, did perform duties of a Collecting Society by demanding royalties from Southern Sun 47 Alfred Rewane Road, Ikoyi Lagos and carrying on the business of soliciting and granting licences on behalf of copyright owners without the approval of the Nigerian Copyright Commission and thereby committed an offence contrary to and punishable under section 39 (4), (5) and (6) of the Nigerian Copyright Act Cap C28 LFN 2004.”

The second charge, FHC/L/352C/2012, stated that the eight accused persons performed the duties of a Collecting Society on or about April 2010 within the Lagos Judicial Division of Federal High Court by “demanding royalties from Scarlet Lodge 79 Younis Bashorun Street, Victoria Island, Lagos and carrying on the business of soliciting and granting licences on behalf of copyright owners without the approval of the Nigerian Copyright Commission and thereby committed an offence contrary to and punishable under section 39 (4), (5) and (6) of the Nigerian Copyright Act Cap C28 LFN 2004.”

The third charge, FHC/L/353C/2012, stated that the accused persons performed the duties of a Collecting Society on or about May 2012 within the Lagos Judicial Division of Federal High Court by “demanding royalties from Blow Fish of 17 Ojun Olobun Street, off Bishp Oluwole Street, Victoria Island, Lagos and carrying on the business of soliciting and granting licences on behalf of copyright owners without the approval of the Nigerian Copyright Commission and thereby committed an offence contrary to and punishable under section 39 (4), (5) and (6) of the Nigerian Copyright Act Cap C28 LFN 2004.”

Counsel to the accused, Mr Adewale Adesokan Esq. applied to the court for bail of the accused persons.

The prosecution counsel, Mr. Obi Ezeilo, opposed the bail application on the ground that the accused persons were likely to jump bail in view of the fact that they had failed on several occasions to honour the Commission’s invitations during investigations while the accused persons were also facing trial in another court for a similar offence.

Justice Yunusa, in his ruling, granted the accused persons bail in each of the charges in the sum of one million Naira (N1, 000,000.00) and two sureties in like sum with proof of landed property in Lagos.

The cases were adjourned as follows꞉ Charge No. FHC/L/315C/2012 to February 19, 2013; Charge No. FHC/L/352C/2012 to February 26, 2013 and Charge No. FHC/L/353C/2012 to February 27, 2013.

It will be recalled that the Commission had received several petitions against the unlawful operations of MCSN from industry stakeholders.

Investigation confirmed that MCSN has been operating as a collecting society without the mandatory approval of the Nigerian Copyright Commission, by illegally granting licenses for usage of musical works as well as collecting royalties from unsuspecting organisations.

The Commission’s operatives had carried out an antipiracy operation, on October 19, 2012, on the premises of MCSN at 6, Olaribiro, Street, Off Allen Avenue Ikeja, Lagos during which five senior officials of MCSN were arrested, namely; Halim Mohammed, Banjo Omolara Biliqis, Yusuf Adogi Benson, Olakayode Ajayi and Njoku Gladys.

The Commission reiterates its commitment to protecting creativity and ensuring that the rights of copyright owners are protected. The Commission further enjoins members of the public to desist from transacting business with the MCSN as any further dealings with the illegal collecting society will amount to aiding and abetting illegality.