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A legal petition submitted by the law firm, Abimbola & Abimbola (Opada Chambers), acting for Maranatha Suites Limited, has reignited public scrutiny over the continued operations of the defunct Copyright Society of Nigeria Ltd/Gte (COSON). The lawyers are calling on the Nigerian Copyright Commission (NCC), Musical Copyright Society of Nigeria (MCSN) and the office of the Honourable Attorney General of the Federation and Minister of Justice to urgently intervene in Suit No: FHC/OW/CS/4/2021 pending before the Federal High Court in Owerri, Imo State.
The suit was filed by COSON, led by its embattled former chairman, Mr. Tony Okoroji, against the hotel over the alleged unauthorised broadcast of satellite television (DSTV) in guest rooms, which COSON claims constitutes copyright infringement. However, Maranatha Suites’ legal representatives argue that COSON has no legal standing to initiate such a claim, having ceased to exist as a lawful Collective Management Organisation (CMO) since 2019 except otherwise proved.
In a separate petition dated 23rd June 2025, addressed to the Attorney General and the Nigeria Copyright Commission, and a petition dated the 4th of July, 2025 addressed to the Musical Copyright Society of Nigeria, the legal consultants stressed the need for urgent intervention. The lawyers insist that their client informed them and they verily believed same to be true “that COSON’s operating licence expired on 19th May 2019 by a Federal High Court judgment in December 2021 and a March 2020 court order restraining COSON from using its name”, thereby nullifying its legal identity.
The lawyers argue that any action taken by COSON beyond that date is ultra vires, quoting the Supreme Court’s decision in Olaniyan & Ors v. University of Lagos (1995) 2 NWLR (Pt.9) 599: “Where a corporation or a body is created by statute, unless such a body is authorised expressly or impliedly by the statute… it has no vires to act outside it.”
The petition urges the Attorney General, NCC and MCSN to “apply to join the above action as a necessary party,” “We have confidence in the judiciary to uphold the rules of law but in dispensing justice, the proper parties must be before the court, hence, the need for your institution to join the case and state the facts at your disposal” asserting that the regulatory body has a statutory duty to clarify COSON’s legitimacy and enforce copyright compliance within the limits of the law.
The NCC, operating under the Ministry of Justice, is empowered to license and regulate CMOs. Industry observers believe its intervention could provide much-needed clarity in the contentious copyright landscape and prevent businesses from falling victim to unauthorised royalty demands.
Maranatha Suites’ legal team also described COSON targeted hotels and leisure establishments, especially in Imo State, and urged the federal authorities to join the case so as to curb what they described as a likely escalating abuse of copyright law especially in view of the legal status of COSON and MCSN.
Efforts to obtain a response from COSON were unsuccessful at press time, and the NCC has yet to issue a formal statement regarding the petition.
As the case awaits ruling or judgment in Owerri, legal watchers are keenly observing whether this marks a turning point in Nigeria’s copyright enforcement framework, particularly on the lawful limits of CMOs and the rights of businesses to protection under statutory regulation.
SIDEBAR SUMMARY
Case: COSON v. Maranatha Suites (FHC/OW/CS/4/2021)
Issue: DSTV use in hotel rooms alleged as copyright infringement
Petition Date: 23rd June 2025 and 4th July 2025
Law Firm: Abimbola & Abimbola (Opada Chambers)
Core Argument: Whether COSON’s licence expired in 2019, and its legal identity was nullified?
Call: NCC, MCSN and AGF urged to join case to clarify legality and assist the Honourable Court
Implication: Major test case on copyright enforcement, CMO legitimacy, and business protection
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