The attention of the Musical Copyright Society Nigeria Ltd/Gte (MCSN) has been drawn to a press statement issued under the name of the Copyright Society of Nigeria (COSON) in various media platforms by Tony Okoroji, who continues to illegally and criminally carry on the businesses of a Collective Management Organisation (CMO) without the mandatory approval of Nigerian Copyright Commission contrary to all known laws in Nigeria.
It is more disturbing that the said press statement was sent to various government institutions and arms of government, particularly the National Assembly, the Economic and Financial Crimes Commission (EFCC), and even the courts with the aim of deceiving these bodies and turning them against MCSN in Tony Okoroji’s usual vengeful schemes.
When MCSN first got hint of the press statement, we chose to ignore it as a ploy of a sinking man, who would hold on to any straw to keep afloat.
In the press statement, Mr. Okoroji cunningly latched on the Abubakar Malami’s issue with the Federal Government, but failed to reveal the historical detail of events connecting the issues between COSON, MCSN and the supervisory role of Nigerian Copyright Commission and the Federal Ministry of Justice.
The press briefing alleged that MCSN is “the Abubakar Malami’s scam machine foisted on the Nigerian music industry to siphon money from innocent Nigerian musicians.” He then mischievously claimed that MCSN was approved as a CMO for that purpose and that certain criminal charges filled against MCSN were withdrawn also for that purpose.
MCSN was the first body that set up to operate as a CMO in Nigeria. MCSN commenced business in 1984. MCSN has been efficiently and transparently representing Nigerian artiste since then. In 1992 the Copyright Act 1988 was amended. One of the amendments was a requirement that any organisation operating as a CMO will now require the approval of Nigerian Copyright Commission (NCC). When NCC called for interested organisations to apply, MCSN applied. For some reasons, the leadership of NCC at that time refused to approve MCSN. Unfortunately for them, there was no other body that applied. The leadership of NCC at that time then worked with Mr Okoroji and formed the then Performing and Mechanical Rights Society (PMRS) which later changed its name to COSON. In 1995 or thereabout, NCC approved PMRS at that time. This triggered a long-standing disagreement between MCSN, PMRS (later COSON) and the then leadership of NCC. MCSN wrote several petitions to every succeeding DG of NCC, different Attorneys General of the Federation, filed different cases in court, etc. COSON used its reach with successive leadership of NCC and AGF including Abubarkar Malami (SAN) to prevent the approval of MCSN as a CMO. As disclosed in Mr. Okoroji’s public statement, he was holding meetings with Abubakar Malami (SAN) to deny MCSN its approval. The several meetings between Mr. Abubakar Malami (SAN) and Tony Okoroji as stated by Okoroji himself underscores a cosy relationship between the two, apparently anchored on the belief and understanding that Malami will not approve MCSN as a CMO.
In 2013, MCSN got a breakthrough when it petitioned the National Assembly. The House of Representative took up MCSN’s petition and called a public hearing of the Joint Committees on Justice, Judiciary and Legislative Matters of the House of Representatives. All relevant stakeholders attended the Public Hearing, including the office of Honourable Attorney General and Minister for Justice, the Nigerian Copyright Commission, MCSN, COSON, Broadcasting Organisations of Nigeria (BON), many associations and individuals in the copyright space. After hearing all stakeholders, the National Assembly ruled that MCSN should be approved. The House of Representatives’ Committee of the Whole House on 18th December 2013 passed a resolution giving MCSN a clean bill of health and directed the NCC to forthwith approve MCSN as a collecting society (collective management organisation). The Gazette of the House of Representatives, Federal Republic of Nigeria Votes of Proceedings of 18th December 2013 of the Fourth Republic, 7th National Assembly, Third Session No. 48 Gazette containing the Resolution at pages 884 – 885 is available for any interested person to peruse.
After this resolution, the then Attorney General Mohamed Adoke (SAN) still refused to approve MCSN due to the overbearing influence of Mr. Okoroji. When Abubarkar Malami (SAN) became Attorney General, the influence of Mr. Okoroji still affected him to refuse to approve MCSN. However, when the resolution of the National Assembly was represented to him, he yielded and directed NCC to approve MCSN. MCSN was then approved as a CMO in March 2017.
It is treacherous and very disheartening that Mr. Okoroji, who was initially a friend to Mr. Malami (SAN) and who had convinced him not to approve MCSN until the decision of National Assembly was represented could turn around and accuse both Mr. MalamI (SAN) and the NCC of wrongdoing. It must be noted and stressed that when MCSN was approved by NCC, COSON went to court to challenge the decision of the Attorney General of the Federation and the approval of MCSN in Suit No. FHC/L/CS/ 1259/2017: COSON vs. MCSN, NCC and Attorney General of the Federation/Minister of Justice which suit was dismissed in its entirety on 13th February 2018. Copy of the CTC of the judgment is available and subsisting.
On Mr. Okoriji’s allegation that MCSN was planted by Malami to siphon money from innocent Nigerian musicians; nothing can be more bizarre and untrue. Within the period in question (1995 – 2017), COSON was the approved CMO not MCSN. MCSN was being hounded by NCC and could not effectively operate, despite various court judgements secured by MCSN. Almost all users of works were paying royalties to COSON not MCSN. COSON declared that it was distributing royalties to the tune of N200 million and more. If there was any money to be made, it would have been made from COSON not MCSN. So why would Malami (SAN) approve MCSN if it was for money? It is COSON that had the money. MCSN never received a single kobo from government at that time.
Mr. Okoroji has also called for investigation of the N2.5 billion paid to MCSN in 2021 following a judgment of the Court of Appeal in Suit No. CA/L/188/2018: Multichoice Nigeria Limited vs. Musical Copyright Society Nigeria Ltd/Gte. Being a highly regulated sector, the receipt and disbursement of this money have severally been scrutinized by different government agencies, despite the fact that the money was the fruit of the judgment which MCSN laboured to secure for more than 10 years and during a period which it was hounded by Okoroji, using the NCC. Neither Okoroji nor COSON has presented any shred of evidence that the judgment settlement was not deserving or illegally or unlawfully obtained. COSON is also calling for investigation of the N1.2 billion paid to MCSN and other approved CMOs under the Levy Order Scheme in 2026. That money has not been distributed due to requests from different stakeholders and some pending court cases.
From when the then leadership of NCC refused to approve MCSN in 1994 and decided to facilitate the incorporation of the then PMRS (later COSON) and approve them, PMRS/COSON has done everything within its powers to ensure that every successive government do not approve MCSN. It has been a pattern and culture of Anthony Alexander Okoroji (Tony Okoroji) and his co-travellers using the names of COSON and its predecessor-in-title, the Performing and Mechanical Rights Society of Nigeria (PMRS), to always publicly denigrate and sue the Honourable Attorney General of the Federation/Minister of Justice, top Government officials and institutions whenever they refused to do their bidding and they have always lost out in this venture. We cite the following judgments among several others as proofs:
FHC/L/CS/61/2007: Performing and Mechanical Rights Society Ltd/Gte (PMRS) vs. Nigerian Copyright Commission & Ors.
Suit No. FHC/ABJ/CS/384/2021: Copyright Society of Nigeria Ltd/Gte & Ors vs. Inspector General of Police & Ors.
While all the issues of approval of MCSN was going on, the Supreme Court in two landmark judgments confirmed that because MCSN was in existence before the Copyright Act was amended to introduce the approval of CMOs by the NCC, that MCSN can continue to operate. These judgements are Appeal No. SC. 366/2008: Adeokin Records Co. & Anor. vs. Musical Copyright Society Nigeria Ltd/Gte, and Appeal No. SC. 425/2010: Musical Copyright Society Nigeria Ltd/Gte vs. Compact Discs Technologies Limited & Ors. delivered on 13th July 2018 and 14th December 2018 respectively.
Before the approval of MCSN and while NCC was hounding officials of MCSN, NCC filed some charges against MCSN and its officials. All the charges were that MCSN and its officials were operating as a CMO without approval. With the decision of the Supreme Court in the above-mentioned cases and with the approval of MCSN as a CMO, NCC had to withdraw all the charges as they are no longer sustainable. The NCC obviously did not need the Attorney General or the courts to ask them to withdraw the charges.
Hitherto fore, MCSN had sued COSON in Suit No. FHC/L/CS/274/2010: MCSN vs. Copyright Society of Nigeria & Ors. In its judgment in this case delivered on 25th March 2020, the Federal High Court Lagos held that COSON is a non-juristic person. That it should not continue using the name COSON and ordered the Corporate Affair Commission (CAC) to strike off that name in the companies’ register in Nigeria. Copies of the judgment and subsequent Ruling of the Court of 24th June 2020 are available to interested persons. However, because Mr. Okoroji is used to illegality, he has continued to use the name COSON, not minding the judgment of court.
Mr. Okoroji has always championed campaigns of calumny, illegality and criminality against MCSN, but MCSN survived his wicked and shameless falsehood. He has not relented.
While all these was going on, it is public record that the Governing Board of COSON in its meeting of 7th December 2017 removed Mr. Okoroji from being the Chairman of COSON. According to public information, the Board meeting was attended by most of its members at that time including Alhaji S K Agboola, Mr. Joel Ajayi, Mr. Efe Omorogbe, Mr. Dare Fassasi, Mr. Obi Asika, Mr. Paul Okeugo, Mrs. Azeezat Allen, Hon. John E Udegbunam, Mr. Ras Kimono Onwubuya and Mr. Okoroji. After his removal Mr. Efe Omorogbe was appointed as the new Chairman. Mr. Okoroji refused to accept this change and highjacked the leadership of the society. He also threw out every member of that board that supported his removal. NCC then intervened and directed Mr. Okoroji to hand over the chairmanship of the society to Mr. Efe Omorogbe and comply by all relevant laws. Mr. Okoroiji refused. NCC then suspended the licence of COSON which ultimately led to the termination of the licence. These facts can be confirmed from NCC.
After the loss of its licence, Mr. Okoroji, COSON and its allies tried severally and unsuccessfully to compel NCC to return its licence in different court actions as follows:
Suit No FHC/EN/CS/58/18 Uchenna Stangley Anowo & 3 Ors v. Nigerian Copyright Commission & 14 Ors. where members of COSON loyal to Chief Okoroji sued the NCC, its officials and some directors of COSON at the Federal High Court Enugu asked the honourable court to invalidate the suspension of its licence. The names of the Commission and its staff were struck out of the suit on 10th of July 2018.
Suit No FHC/EN/CS/116/18 Sir Angus Onyema Nwangwu & 3 Ors v. Nigerian Copyright Commission & 4 Ors. where members of COSON loyal to Chief Okoroji sued the Commission and its staff at the Federal High Court Enugu asking for several relieves including to quash the directive of the Commission suspending its licence. The case was dismissed on 26th September 2019.
Suit No FHC/L/CS/606/18 Copyright Society of Nigeria & 8 Ors v. Efe Omoreghe & 7 Ors. where COSON sued some of its directors and the Commission seeking several orders including the return of its operating licence which was suspended by the Commission. The case was dismissed on 23rd of May 2019.
Suit No. FHC/L/CS/425/2020: Copyright Society of Nigeria vs. Nigerian Copyright Commission in which COSON sued the NCC for N10 billion damages for the suspension of its licence and the court per Honourable Justice A. M. Liman on Wednesday, 1st December 2021 dismissed the suit.
Rather than accepting the obvious facts steering him in the face, Mr. Okoroji continues to lie to the general public claiming that the licence of COSON was terminated by Mr. Malami (SAN), who was not a part to any the issues or cases.
It is therefore not difficult for any discerning mind to discover that the press briefing issued in the name of COSON and statements made by Tony Okoroji are borne out of malice, deliberate falsehood and envy aimed at tarnishing the image and integrity of MCSN by a long-standing adversary, who has tried for more than 30 years to destroy MCSN. Tony Okoroji is fond of influence peddling, outright falsehood and intentional personal attacks to curry legitimacy for his antics but MCSN and its officials have been consistent in curtailing him and nipping his tricks in the bud. Following his series of lies, the Chief Executive of MCSN, Mr. Mayo Ayilaran, filed a suit against him in Suit No. LD/740/2002: Mayo Ayilaran vs. Tony Okoroji, for similar lies and libellous communications. In its judgment, the court found that Tony Okoroji defamed Mr. Mayo Ayilaran and awarded the sum of Twenty-Five Million Naira (N25,000,000.00) as damages against Tony Okoroji. Copy of the judgment is available for interested public to peruse. Mr. Okoroji has not paid the judgment sum and is still exposing himself to more liabilities.
In spite of the foregoing legal and judicial background and authorities, Mr. Tony Okoroji has continued to fraudulently and illegally deploy the name of COSON to write spurious petitions, particularly to unsuspecting arms and agencies of the Government, including the National Assembly of the Federal Republic of Nigeria, the Economic and Financial Crimes Commission (EFCC), etc. using the name of Abubakar Malami (SAN) to make the petitions look attractive to these agencies.
It is clear from the foregoing that having roundly failed at the courts of law, Okoroji has now embarked on forum-shopping among arms of government and public institutions seeking self-help to cover his criminal acts.
We assure stakeholders in the music industry that these lies of Mr. Tony Okoroji will not stick for too long. We will present the facts. The truth will be told and the vail of those holding the industry down for too long will be uncovered. Truth will always prevail. It is a matter of time.
MCSN has now lodged a formal petition against Alexander Anthony Okoroji (Tony Okoroji) for criminal activities, particularly obtaining by false pretence and with evidence of proceeds from criminal activities. Justice will take its cause.
Thank you and God bless.