Breaking News: NCC begins criminal trial of MCSN and its officers at the Federal High Court, Lagos

Reliable information reaching SHOWBIZPLUS now has it that the Federal High Court Lagos presided over by Honourable Justice Buba on January 22, 2014, commenced trial in the criminal charge brought against Musical Copyright Society of Nigeria (MCSN) and its principal officers by the Nigerian Copyright Commission after several attempts to abort the trial by MCSN failed. The Nigerian Copyright Commission, a Federal Government agency responsible for the administration and enforcement of copyright in Nigeria, according to a press statement signed by Victoria Ohaikhena, arrested officers of MCSN and charged them to court for operating as a collecting society without approval from the Commission which is an offence contrary to Section 39 (4) of the Copyright Act, 2004. MCSN and its officials challenged the charge against them claiming that the charge was not competent. The court after considering their objection ruled on November 27, 2013 that the charge was competent.

MCSN then appealed against the ruling at the Court of Appeal Lagos and filed a fresh application asking the Federal High Court to stay trial pending the hearing and determination of the appeal. The Federal High Court heard arguments from both parties and struck out the application as lacking in merit. The case was then adjourned to the 22^nd January, 2014 for hearing. On the said 22^nd January 2014 when the case was to commence, a solicitor to MCSN from Wale Adesokan Chambers, Mr. Charles Okoh, wrote a letter to the court informing the court that they have filed a similar motion at the Court of Appeal where they asked the Court of Appeal to stay the hearing of the charge against MCSN at the Federal High Court. He therefore demanded in the letter that the court should not go on with the trial. After the Registrar of court read out the letter, Justice Buba, while refusing the application in the letter, noted the disdain and utter disrespect shown by the Defendants’ counsel in writing such letter to the court. In his ruling dismissing the letter, Justice Buba said “…may the day never come when counsel sitting in the comfort of their office will dish out letter to court stopping trials….”

When the trial commenced later in the day, another counsel from Wale Adesokan Chamber, Mrs. Iremehinhien, then appeared to represent MCSN. The Nigerian Copyright Commission was represented by Mr. Obi Ezeilo. The prosecution put their first witness in evidence. When the witness finished his testimony, Counsel to MCSN said that she was not ready to cross examine the witness and asked for an adjournment. The court granted the application and the case was adjourned to February 7, 2014 for cross-examination and continuation of trial.

 

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