12/01/2018
ALLEGATIONS AND ATTACK ON ATTORNEY GENERAL OF THE FEDERATION BY COSON/OKOROJI ARE FALSE AND FICTITIOUS
We have read the Public Statement issued by the leadership of Copyright Society of Nigeria (COSON) and the post of Tony Okoroji on his social media (Facebook) page on Saturday, 30th December 2017 and Saturday, 6th January 2018.
Initially, Musical Copyright Society Nigeria (MCSN) attitude was to completely ignore COSON and Tony Okoroji, but on reflection, we decided to respond by laying the truth bare for the public as follows:
1. Mr. Abubakar Malami, SAN, the Honourable Attorney General of the Federation and Minister of Justice, has no hand whatsoever, in whatever happened before Honourable Justice Ibrahim N. Buba, particularly in Suit No. FHC/L/CS/1259/17 between Copyright Society of Nigeria Ltd/Gte vs. Musical Copyright Society Nigeria Ltd/Gte, Nigerian Copyright Commission & Attorney General of the Federation/Minister of Justice; not in the least “arresting the judgment” of the Judge as alleged by COSON and Okoroji.
2. On November 15, 2017, during the hearing of the matter, which came up only for the second time, Honourable Justice Buba made some comments and statements/declarations in the open court, which indicated clear bias and hatred against MCSN, which is the 1st Defendant in the case.
3. The comments and statements made by Honourable Justice Buba are to the following effects:
a. That he knows the 1st Defendant (MCSN) very well, as having written a petition against him in the past when criminal charges were brought against them before him in 2013, by which he had to withdraw from trying the charges.
b. That he has ruled against the 1st Defendant (MCSN) severally as the issues are clear to him, even when he has not even read and considered the present processes before him.
c. That even his mother who is not a lawyer would understand the issues clearly.
d. That as he has said before in other matters involving the 1st Defendant (MCSN) that if the 1st Defendant (MCSN) comes before him 100 times, he would rule against them 100 times.
4. With the above statements and other exchanges at the hearing, it was clear to MCSN, the 1st Defendant, that it could not trust Honourable Justice Buba to do justice manifestly in the case and therefore caused a petition to be written on 16thNovember 2017 to the Acting Chief Judge of the Federal High Court, Abuja asking Honourable Justice Buba to recuse (disqualify) himself from the suit.
5. The petition was supported by an affidavit of facts containing the above statements and other events that happened on that date at the open court.
6. Copies of the Petition and Affidavit of facts were filed and served on Hon. Justice Buba and his court within 24 hours of the hearing, that is on 16th November 2017. This is to underscore the fact that no judgment could have been written when the Honourable Judge was seized of the petition, except a judgment had been written prior to the hearing, while the hearing was being conducted to give such judgment validity or a fait accompli.
7. On 6th December 2017, when the case came up again; Justice Buba announced in the open court that he was the day before served with a letter from the Acting Chief Judge, to which he would be responding but that he would not know whether it would be the Acting Chief Judge who would now read his judgment, among other comments. He thereafter adjourned the matter to 14th December 2017.
8. MCSN wrote an update and affirmed that it believed that no judgment could have been written as at the time when the incidents upon which the first petition was written happened and served on the Judge, unless a judgment had been written prior to hearing.
9. COSON filed a counter affidavit to MCSN’s affidavit of facts sworn to by one Simi Wash’Pam, which virtually corroborated MCSN’s statement.
10. On December 14th, when the matter came up, Hon. Justice Buba wrote and delivered a short ruling adjourning the matter sine die (indefinitely), without giving any reason.
11. The foregoing is the narrative of all that happened in the case upon which Tony Okoroji and the leadership of COSON have weaved a heavy tissue of lies upon the Honourable Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.
12. It is also worrisome that Okoroji in his write-up to the public on Saturday, December 30, 2017 and Saturday, 6th January 2018, claimed that Justice Buba told him that “the case has been taken from him”. When and at where did Justice Buba tell him so, as Justice Buba never said so in the open court, neither did he include this in the ruling that he read in the open court adjourning the case sine die?
13. From the Public Statement of COSON and Tony Okoroji’s Facebook posts, they indicated what the judgment of Hon. Justice Buba is or would be. How did they come to this knowledge? Could it mean they have special relationship and arrangement in place to know ahead the contents or outcome of a judgment which case is still pending, even though purportedly adjourned for judgment?
14. The foregoing clearly underscores MCSN’s fear that justice could never be seen to have been manifestly served in its case by Justice Buba if he went ahead to determine the case.
15. On other sundry issues mentioned in the COSON/Okoroji’s statement, MCSN would only like to raise the following posers in public interest, especially the judiciary and music industry:
a. Why are COSON and Okoroji hiding the fact that they have litigated the same issues as Performing and Mechanical Rights Society, PMRS (COSON’s Predecessor-in-Title) between the same parties, AGF, NCC, MCSN, only with the exception of the Minister of Culture as Defendants in Suit No. FHC/L/CS/61/07 between Performing and Mechanical Rights Society Ltd/Gte (the Plaintiff as it then was) vs. Nigerian Copyright Commission & ors, with judgment delivered by Honourable Justice Ajakaiye on 4th June 2009 and lost? Nigerian legal jurisprudence is clear on the fact that Justice Buba is estoppel from sitting on appeal in such a case, but Justice Buba declared that he is not bound by the judgment, even when he has not read it.
b. Okoroji and COSON have been benefitting solely from the Honourable Attorney General and Minister of Justice’s supervision and direction of the Nigerian Copyright Commission (NCC) and copyright matters since 2006 when Chief Bayo Ojo, SAN, was the Attorney General and Minister of Justice; why are they now repudiating and abhorring the supervision of the Honourable Attorney General over the NCC and Copyright matters? Is it because Government is now saying and acting that it would no longer be business as usual?
c. Virtually all the subsidiary legislations and regulations which would ensure great income generation for creators and practitioners in the Copyright Sector were directed and approved by the Honorable Attorney General of the Federation and Minister of Justice. Among these are the recently approved regulations on Levy of Materials capable of being used for infringement of Copyright from which huge revenue in Trillions of Naira is expected. But because COSON and in extension Okoroji would no longer be the sole beneficiary of these subsidiary legislations and regulations, Okoroji is now crying wolf where there is none! This same Attorney General of the Federation and Minister of Justice who Okoroji is repudiating approved and signed that regulation!
16. But no matter how far lies travel, truth will always catch up one day. That day finally came, when MCSN got the nod of the National Assembly in 2013 but which the NCC refused to implement, until the Honourable Attorney General of the Federation and Minister of Justice, after thorough investigation discovered that the NCC was compromised in refusing to approve MCSN as a collecting society in 2010 and directed the NCC to approve MCSN with immediate effect just like the National Assembly directed. This hit Okoroji like thunderbolt and he has since been running from pillar to post as revealed in his various writings and statements. Examples of his efforts are as follows:
a. He tried every trick and falsehood including propaganda to intimidate the Honourable Attorney General of the Federation into submission but when he failed, he cleverly warmed his way to the Honourable Minister for Information & Culture, Alhaji Lai Mohammed, who he sold the dummy that the NCC is and ought to be under his supervision and that the Minister should take steps to retrieve the Agency from the Ministry of Justice.
b. Okoroji did all these, without informing the Minister that the decision to move the Agency from the Ministry of Culture to Justice was done in 2006 and that a suit, Suit No. FHC/L/CS/61/07 supra, which he (Okoroji) filed on behalf of PMRS to challenge and reverse the movement, was dismissed in 2009 by Honourable Justice Ajakaiye of the Federal High Court. It was when MCSN wrote to adequately brief the Honourable Minister of Information & Culture, Alhaji Lai Mohammed, that we noticed a marked gap between Okoroji and the Honourable Minister who has hitherto appeared to be very close to Okoroji.
c. The Inspector General of Police, Ibrahim Idris, was initially deceived into the Okoroji stratagem also but was eventually exposed to the truth.
d. Now that Okoroji has apparently failed in his “political” and administrative maneuverings, he approached the Federal High Court in his present suit and the public can clearly guess and see what has happened.
17. MCSN would also want to put in the public domain the fact that it heartily welcomed competition and co-existence with COSON, in spite of the fact that COSON looted its (MCSN’s) massive repertoire and membership, with which it (COSON) is building its false profile. On its approval in April 2017, the first thing MCSN did was to write to COSON, through Okoroji, requesting for cooperation and collaboration between the two organizations. MCSN also informed COSON that MCSN members have been restless on the issue of their royalties, which COSON has been collecting for several years without accounting or remittance. COSON rebuffed these letters and went on the offensive vide all the moves described herein above. MCSN is taking necessary legal steps to retrieve its repertoire and monies from COSON and Okoroji.
18. MCSN also wants to put on record and for public knowledge that the same Honourable Justice Buba adjourned another civil case brought by MCSN & Anor against Emzor Phamaceuticals Plc, Insight Communities & PMRS (now COSON) as 3rdParties in Suit No. FHC/L/CS/156/2008 sine die since 28th March 2014 and the case has since been hanging. What special interest would this present COSON’s case serve by the kind of speedy trial accorded it by Justice Buba in this instance?
19. MCSN in its original petition on the approval of collecting societies alleged that COSON did not possess the repertoire with which it was approved as a collecting society on 20th May 2010, neither did it qualify to be approved at all; a thorough investigation should be done in that regard and if found to be true, COSON should be adequately punished by first revoking its licence/approval and making Okoroji and COSON leadership account for and refund all monies collected by and through COSON.
20. In conclusion, since Okoroji and COSON’s leadership have continued to concoct lies against top government officials, we ask that appropriate laws should be applied and made to deter them.
The war against corruption which is being vigorously fought by this government will not be complete without beaming its searchlight on the Copyright Sector.
God bless the Federal Republic of Nigeria
Orits Williki
Chairman
Musical Copyright Society Nigeria
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