Photo Splash

Labels

Showing posts with label NCC. Show all posts
Showing posts with label NCC. Show all posts

Thursday, 3 May 2018

COSON LAWYERS FORCEFULLY CHALLENGE NCC DIRECTIVES AT THE COURT OF APPEAL





PUBLIC STATEMENT

COSON LAWYERS FORCEFULLY CHALLENGE NCC DIRECTIVES AT THE COURT OF APPEAL

Lawyers to Copyright Society of Nigeria (COSON) have swiftly filed a new process at the Court of Appeal, Lagos Division challenging the content of the letters from the Nigerian Copyright Commission purportedly suspending the copyright licensing activities of the society.

The Alliance Law Firm headed by Senior Advocate of Nigeria, Mr. Uche Val Obi filed the process within 24 hours of the receipt of the letters from the NCC. COSON has urged the Court of Appeal to make suspensory or dispositive mandatory orders against the NCC’s directives, pending the determination of the pending appeal.

In a letter dated May 3, 2018 to the NCC Director-General, Mr. Afam Ezekude, the COSON lawyers stated that the development at the Court of Appeal lawfully apprehends the NCC directives suspending the licence of COSCON to operate as a royalty collecting organization.

The full text of the letter to Mr. Ezekude reads as follows;

We remain counsel to Copyright Society of Nigeria (COSON) and continue to act on its instructions. The captioned letters, emanating from your offices have been passed over to us by COSON, with instructions to respond to the same as permitted by law.

Recall that in our letter dated 16th April, 2018 and sent to you, via email, ezekude@aol.com, on 19th April, 2018 and the hard copy received in your office on the 25th April, 2018, you were reminded of the pending Motion on notice for injunction pending the determination of Appeal at the Court of Appeal, seeking a number of injunctive reliefs against your Commission, particularly, the prayer seeking to restrain your Commission from acting in a manner that could embarrass the Court of Appeal, alter the res, or otherwise overreaching and advising you against acting in any manner that is capable of foisting a situation of complete helplessness and fiat accompli on the Court of Appeal, prior to the hearing and determination of that Motion.

We are shocked to read that in spite of our guided advice, you led your Commission to act with gross impunity against the Court of Appeal, when, according to your captioned letters, you purportedly, on the advice of the Attorney General of the Federation of Nigeria, suspended the operating licence of COSON, while the Motion for Injunction, restraining your Commission from embarking on the same act is still pending at the Court of Appeal. Could it be that the authorities of Ojukwu V. Governor of Lagos State, as well as Iwuji V. Governor of Imo State, recommended to you in our said letter of 16th April, 2018 were of no consequence to you? Your act is even more worrisome when you attributed the impetus to so act to the approval of the Chief Law Officer of the Federal Republic of Nigeria, the Honourable Attorney General of the Federation (HAGF), who is the Constitutional custodian of rule of law in Nigeria. We wonder if you had indeed placed the full facts of this matter before the HAGF in the first instance as it is doubtful that he would have advised or supported your aforesaid acts and directives, given the circumstances.

It might interest you to recall that the reign of executive lawlessness and disregard for the rule of law has since been consigned to our ugly past as a nation and we consider it a reminder of that ugly and unfortunate past for any agency of government to invoke or perpetrate any act, like your present act, which has a semblance of that forbidden ugly past.

We have, on behalf of COSON, a law abiding citizen, therefore filed another process at the Court of Appeal, challenging the content of the two letters captioned above and urging that Court to make suspensory or dispositive mandatory orders against your Commission’s directives against COSON, pending the determination of the pending appeal. This development therefore lawfully apprehends your  directives suspending the licence of COSON as a royalty collecting organization and stopping it from operating  its bank accounts as a going concern, amongst others.

It remains to remind you that it is an established principle of law that a citizen lawfully challenging an act or directive of an institution against it in a court of law in exercise of its constitutional rights cannot be expected to comply or obey directives, issued in the course of a pending proceeding and while a motion specifically seeking to restrain such directives is pending. Consequently, COSON has been legally advised that it is not bound in law to give effect to your directives but to await the decisions of the Court of Appeal on the pending applications for mandatory and interlocutory injunctions pending before it in relation to your acts, pronouncements, order and directives, as to do otherwise would be to sacrifice its constitutional rights on the alter of your directives, acts, and orders which constitute an affront  and disrespect to the honourable Court of Appeal now seized with the subject matter, more so, as the appeal has already been entered.

Having stated the above, it is our candid suggestion that a high level meeting of representatives of concerned parties to the matter be held as early as possible to explore an amicable resolution of the issues relating to this subject matter in the interest of all stakeholders. If this is acceptable, kindly let us know how early we can have a kick off meeting.

Please be guided accordingly.


Yours Faithfully,
Alliance Law Firm




Isaac U. Obi, FIMC                                                                    Fred Obiejesi
Partner                                                                                              Senior Associate


Cc:      Hon. Attorney General & Minister For Justice
            Ministry of Justice
            Abuja

Cc:      Copyright Society of Nigeria (COSON)
            COSON House
            41, Oluwaleimu Street,
            Off Allen Avenue
            Ikeja, Lagos

Cc:      Chairman, Economic and Financial Crimes Commission
            No. 5, Fomella Street
            Off Adetokumbo Ademola Crescent
            Wuse II, Abuja


Monday, 26 February 2018

READ FULL TEXT OF VICTOR UWAIFO'S MISSILE TO NCC DG, EZEKUDE



I read with utmost disgust your recent letter to COSON widely published on the Internet in which you attempted to give instructions to COSON, an independent private sector organization, as if COSON is a department under your Commission.

For the avoidance of doubt, I presided over the meeting of the members of COSON held in Lagos on December 19, 2017 at which meeting; COSON members, all over Nigeria freely and unanimously in one voice, restored Chief Tony Okoroji as Chairman of our Society. It was clear to me that every well-meaning member of COSON who attended the meeting was angered by the decision of the purported removal of Chief Okoroji by six members of the Society on December 7, 2017. The removal of Okoroji was an attempt to hijack COSON at a critical period in its history and destroy our fledging organization, the same way PMAN was destroyed.

Absolutely, the interest of these six individuals cannot override that of the thousands of COSON members, affiliates and foreign reciprocal partners who are overwhelmingly impressed and satisfied with the incredible personal sacrifice and leadership of Chief Tony Okoroji who has built COSON and made it a model and a source of pride to the creative community in Nigeria.

Just for the records, I am PROF. SIR VICTOR UWAIFO JP, MON. I am 76 years old. I am a musician, well known all over the world, a composer with a rich repertoire of musical works and sound recordings, an intellectual, a professor of Fine and Applied Arts, a key founding member of COSON and a subscriber to the COSON Memorandum & Articles of Association. I have served on the Board of COSON, been involved with the progress made by COSON in the last 7years under the inspirational leadership and energy of an uncommon Nigerian and with your invisible presence as Director-General of the NCC. I have also held several distinguished political appointments.

If I wanted to be sectional or parochial, I would have thrown my weight behind Mr. Efe Omorogbe who is from my State and with whom I have an ongoing close professional relationship. At my age, if I had done that, I would have done a disservice to generations of Nigerian musicians and investors in the music industry and my conscience would not be at rest.
Despite my close relationship with Efe Omorogbe, he is not the choice of COSON members at this time and no one in Abuja or elsewhere can change that.

I have read the letter written to you by the Attorney General of the Federation & Minister of Justice, Mr. Abubakar Malami ordering you to approve another CMO in the same class of works administered by COSON so as to create commotion within our industry and wipe out the most successful organization in the history of the Nigerian Creative Industry.

Anybody reading the letter from the AGF can immediately see that you know that the order given to you is both unlawful and ultra vires. You however did not have the courage to refuse to carry out this unlawful order. The commotion caused by your action has set in what appears to be a conspiracy to get rid of Chief Tony Okoroji, the one man you all know has the knowledge, experience, personal conviction and courage to resist the seeming plan to shake down users of music content across Nigeria in billions of Naira and set our industry back.

Your letter dated February 19, 2018 addressed to the General Manager of COSON, REF: NCC/DG/132/1/66 which went virile on the social media even before it got to the recipient is a clear testimony of bad faith on your part in the handling of the affairs of COSON. Since your letter to COSON was widely published to inflict the greatest injury, I have no choice but to ensure that this letter is also widely published in the internet to set the records straight. 
 
As a Commission, one would have expected that you will be more concerned over the other moribund Collecting Societies that were approved several years ago by the commission with nothing to show and the biting piracy militating against the creative industry rather than meddling and destabilizing COSON which is being run professionally and which has the requisite capacity to deal with its internal issues.

I do not know how much you are aware of the history of the Nigerian Copyright Commission which you now head and from which you are issuing orders as if you are God Almighty. It was the same Chief Tony Okoroji that galvanized the entire nation with unsurpassed advocacy and massive demonstrations in Nigeria that forced the government to promulgate the copyright law. The young man risked his life for this. He could have been killed by the military government at that time. He participated in drafting the Copyright law with the help of others like Prof. Egerton Ovieghara who became the first Chairman of the NCC. Chief Okoroji’s successful agitation culminated in the setting up of the NCC.

It follows that everyone employed by the NCC including yourself and the many thousands who today benefit from the copyright system in our nation owe this unique Nigerian a debt of gratitude. Sadly, there appears to be concerted effort to destroy his good name and character to achieve a perfidious objective.

It is important to reemphasize that you stay away and refuse to be used anymore as a tool in any action that can lead to the instability and possible disintegration of COSON, Nigeria’s most successful organization in the creative industry ever. Please avoid any friction between the members of COSON and the leadership of your Commission which will serve no good.
For the avoidance of doubt, the Chairman of COSON freely chosen by the members of COSON is Chief Tony Okoroji. We have tried him and found him worthy of our trust.

A word is enough for the wise!

Thank you.

Sincerely yours,
PROF. (SIR) VICTOR UWAIFO JP, MON

CC:   President Mohammadu Buhari GCFR
          President of Nigeria

          Vice President Yemi Osinbajo (SAN)
          Vice President of Nigeria

          Senator Bukola Saraki
          President of the Senate, Federal Republic of Nigeria

          Hon. Justice Walter S.N. Onnoghen
          Chief Justice of Nigeria

          Rt. Hon Yakubu Dogara
          Speaker, House of Representatives

         Alhaji Lai Mohammed
         Hon. Minister of Information & Culture

        Mr. Geoffrey Onyeama
        Hon. Minister for Foreign Affairs

Your Excellencies, the above is for your information and necessary actions, please.

                                     
PROF. (SIR) VICTOR UWAIFO JP, MON


Tuesday, 13 February 2018

BREAKING NEWS!!! COSON DECLARES VICTORY DESPITE BUBA’S JUDGEMENT AND PROMISES IMMEDIATE & VIGOROUS APPEAL IN CASE AGAINST AGF MALAMI & MCSN


BREAKING NEWS!!!

COSON DECLARES VICTORY DESPITE BUBA’S JUDGEMENT AND PROMISES IMMEDIATE & VIGOROUS APPEAL IN CASE AGAINST AGF MALAMI & MCSN

Copyright Society of Nigeria (COSON) has said that it is celebrating the judgement of Justice Ibrahim Buba of the Federal High Court in Suit No. FHC/L/CS/1259/2017 filed by COSON against MCSN, the Nigerian Copyright Commission (NCC) and the Attorney- General of the Federation, Mr. Abubakar Malami.


Chief Tony Okoroji, the COSON Chairman, who led COSON to file the suit and who has led the unprecedented nationwide COSON protest against the 2-month withdrawal of the case file from the presiding judge was in court as the judgment was read on Thursday, February 13, 2018.  Also in court were other members of the COSON Board such as Sir Shina Peters, Kenny Saint Brown, Azeezat Allen, Richard Cole, Sharon Esco Wilson, Maureen Ejezie, etc. Also in court was Prince Biodun Eguakhide, the COSON Edo/Delta Co-Ordinator who has acted as COSON Head of Enforcement across the country.


Said Chief Okoroji after the judgment, “I am a thoroughbred copyright man with deep knowledge of the subject. While Buba’s judgment is confusing, it is still victory for the musicians of Nigeria. That was why we were singing and dancing in court. If the judgment was not delivered when it was, we may have had to start the matter all over again. With the judgment, we now have a throve of materials to immediately and vigorously take the matter out of the Federal High Court system to the Court of Appeal where the issues can be properly argued.


“Everyone knows that our objective was never judgement but justice. We are not naïve. This is a marathon and not a dash. After many weeks of arm-twisting, high level manipulation and blackmail, we knew that quite a bit of water would have passed under the bridge when the case file was returned and anything can happen. We have been prepared for every outcome. Regardless of what Justice Buba has decided, we will not go to sleep. We will not go to sleep until we stop the attempt to turn the Nigerian music industry into a gold mine belonging to no one, from where those who have made no investments nor contributions can cart away illicit billions while the true creators and investors languish in penury. Let the whole world know that we will not rest until the Malami MCSN Mafia (MMM), is finally banished from our industry, and peace, stability and progress are restored”

We are immediately going to the Court of Appeal on this matter. Our protest will continue. We will not sleep, we will not slumber. There will be no retreat and no surrender until justice is done”.