Legal Tussle Over Copyright Enforcement: Lawyers Urge NCC to Intervene in COSON Lawsuit

A fresh legal petition has been filed by Marantha Suites Limited, urging the Nigerian Copyright Commission (NCC) to intervene in an ongoing copyright infringement case instituted by the defunct Copyright Society of Nigeria Ltd/Gte (COSON). The call was made through the legal representatives of the hotel, Abimbola & Abimbola (Opada Chambers), citing what they describe as “urgent need to uphold the rule of law” in a case they argue is riddled with legal irregularities and regulatory oversights.

 

The matter in question, Suit No: FHC/OW/CS/4/2021, is currently before the Federal High Court sitting in Owerri, Imo State. COSON, led by its embattled former Chairman, Mr. Tony Okoroji, filed the case against Marantha Suites, claiming that the hotel infringed on copyright by operating televisions connected to Digital Satellite Television (DSTV) in its guest rooms.

 

However, in a detailed petition dated 13th June 2025 and addressed to the Nigerian Copyright Commission, the law firm representing the hotel alleged that COSON lacks the legal standing to initiate or maintain such an action, having ceased to exist as a lawful Collective Management Organisation (CMO) since 2019.

 

Revoked Licence and Legal Status of COSON

 

According to the petition, COSON’s operational licence expired on 19th May 2019, and despite several representations, the Nigerian Copyright Commission has not renewed or reissued any valid authorisation permitting COSON to act as a CMO.

 

The petitioners referenced several Federal High Court decisions that appear to affirm this legal position. Notably, in December 2021, the Federal High Court in Lagos reportedly affirmed the NCC’s refusal to renew COSON’s licence, stating that the body was not entitled to operate as a CMO.

 

Further compounding COSON’s legal troubles, another Federal High Court judgment delivered in March 2020 restrained the organisation from using the name “Copyright Society of Nigeria Ltd/Gte,” effectively nullifying its corporate identity and restricting its operations.

 

Despite these rulings, the petition alleges that COSON—under Mr. Okoroji—has continued to act as a copyright enforcer in violation of the law. The legal representatives described this as a “cartel” that has continued to “extort” money from businesses across Imo State, particularly targeting hotels and leisure establishments under the pretext of copyright enforcement.

 

Legal Concerns and Precedents

 

The petitioners argue that COSON’s continued legal actions against unsuspecting businesses constitute a gross abuse of process. They drew attention to the Supreme Court’s decision in Olaniyan & Ors v. University of Lagos (1995) 2 NWLR (Pt. 9) 599, where it was held that a statutory body cannot act beyond the scope of powers granted by the law establishing it. By this logic, COSON’s activities since the expiration of its licence would be ultra vires and legally void.

 

In the specific case against Marantha Suites, the petitioner notes that the matter has dragged on in court without final resolution, and the hotel’s management—described as non-experts in legal matters—has struggled to obtain a Certified True Copy of court proceedings to aid in their defence. They submitted that the opacity surrounding the case only further highlights the need for NCC’s intervention.

 

“We hereby request that the office of the Nigerian Copyright Commission (NCC), as a matter of urgency, apply to join the above action as a necessary party,” the letter concludes.

 

Calls for Regulatory Intervention

 

The legal team is now calling on the NCC to formally apply to join the matter as a necessary party, a move they argue is essential to bring clarity, enforce existing court judgments, and protect the integrity of the regulatory framework for copyright in Nigeria.

 

The NCC, established under the Nigerian Copyright Act, is tasked with regulating, administering, and enforcing copyright in Nigeria. It operates under the supervision of the Federal Ministry of Justice and has the power to register CMOs, monitor their operations, and sanction abuses.

 

If the NCC were to intervene in this matter, legal analysts suggest that it could bring an authoritative perspective on COSON’s current status and possibly halt what critics describe as a disturbing pattern of rogue copyright claims by an unlicensed organisation.

 

Public Interest and Implications

 

The implications of this case stretch beyond the immediate parties. Legal observers note that it could set a significant precedent regarding the limits of powers exercisable by CMOs and the regulatory responsibilities of the NCC in protecting the public and business interests from unlawful claims.

 

For the hospitality industry, particularly hotels and leisure centres that use satellite TV or play music within their premises, the outcome of this case may determine whether they remain liable to pay licensing fees to organisations like COSON—despite judicial rulings declaring such bodies defunct.

 

Next Steps

 

As of press time, the Federal High Court in Owerri has reportedly adjourned the matter for ruling or judgment. Meanwhile, the legal representatives of Marantha Suites continue to seek regulatory backing and judicial clarity. Efforts to obtain comments from COSON were unsuccessful at the time of filing this report. The NCC has also not issued an official statement on whether it will take up the request to join the suit.

 

Nonetheless, with rising concerns over copyright enforcement abuses and conflicting legal interpretations, all eyes are now on the Nigerian Copyright Commission to clarify its stance and restore order in the country’s copyright administration landscape

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