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The Court of Appeal, Lagos Division, has dismissed an interlocutory appeal filed by the Copyright Society of Nigeria (COSON) against the Nigerian Copyright Commission (NCC), affirming the Commission’s regulatory authority and reinforcing an earlier ruling of the Federal High Court.
In a unanimous judgment, the appellate court upheld the lower court’s decision refusing to grant COSON an interlocutory injunction that sought to restrain the Commission from exercising oversight over the collective management organisation. The court also awarded ₦200,000 in costs against COSON.
Appeal Stems From Dispute Over Regulatory Powers
The legal dispute originated from COSON’s substantive suit challenging aspects of the Copyright (Collective Management Organisations) Regulations, 2007.
Pending the determination of the main case, COSON had asked the Federal High Court to issue an injunction preventing the Nigerian Copyright Commission from revoking its operating approval or interfering with its management, finances, bank accounts, audit processes and royalty collection activities.
However, the Federal High Court, in a ruling delivered on December 1, 2021, declined the request, holding that an interlocutory injunction could not be used to restrain an action that had already been completed.
Court Finds No Existing Approval to Preserve
Delivering the lead judgment, Justice Polycarp Terna Kwahar, with Justices Folasade Ayodeji Ojo and Muslim Sule Hassan concurring, ruled that COSON’s operating approval had already been suspended in April 2018 and subsequently expired in May 2019, well before the organisation instituted the suit.
The appellate court held that there was no valid operating approval in existence that could be preserved through an injunction.
According to the judgment, the purpose of an interlocutory injunction is to maintain the status quo pending the determination of a substantive matter, not to reverse actions that had already taken effect before litigation commenced.
Appeal Dismissed for Lack of Merit
In dismissing the appeal, the Court of Appeal resolved the sole issue in favour of the Nigerian Copyright Commission, concluding that the Federal High Court acted correctly in refusing the application.
The court noted that both parties had acknowledged through affidavit evidence that COSON’s approval to operate had already become inoperative before the commencement of the suit.
Consequently, the appellate court affirmed the lower court’s reasoning that granting the requested injunction would have altered, rather than preserved, the existing legal position.
Copyright Commission Welcomes Judgment
Reacting to the ruling, the Nigerian Copyright Commission welcomed the Court of Appeal’s decision, describing it as a reaffirmation of the legal position regarding COSON’s operating status.
The Commission maintained that the judgment confirms there was no subsisting operating approval capable of being protected through an interlocutory injunction and reiterated that COSON is not currently authorised to operate as a collective management organisation under the Commission’s regulatory framework.
Implications for Nigeria’s Creative Industry
The ruling is expected to have wider implications for Nigeria’s copyright administration and the regulation of collective management organisations responsible for licensing copyrighted works and distributing royalties to rights holders.
Legal analysts say the judgment reinforces the principle that regulatory approvals remain subject to statutory oversight and that courts will be reluctant to restore or preserve licences that have already expired or been suspended before legal proceedings begin.
The decision also underscores the authority of the Nigerian Copyright Commission in enforcing compliance with regulations governing collective management organisations operating within the country’s creative industry.
A Significant Legal Victory for the Regulator
The appellate court’s decision represents another legal victory for the Nigerian Copyright Commission as it continues efforts to strengthen governance and accountability within Nigeria’s copyright ecosystem.
While the substantive suit remains before the court, the dismissal of COSON’s interlocutory appeal reinforces the Commission’s oversight powers and clarifies that expired or suspended approvals cannot be revived through interim judicial orders.
For stakeholders in the creative sector, the judgment highlights the importance of regulatory compliance and signals continued judicial support for statutory oversight in Nigeria’s evolving intellectual property landscape.
