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COSON Suit Against NCC Has Not Been Tried, Struck Out Nor Dismissed

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3 years ago

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Copyright Society of Nigeria (COSON), Nigeria’s biggest Copyright Collective Management Organization has issued a statement signed by its General Counsel and Head of Legal, Barrister Simi Wash-Pam. The statement reads as follows:

It must now be obvious to the general public that a group made up of the controversial MCSN, Pretty Okafor, a well-known judgment debtor to the COSON Chairman and some officials of the present regime are frustrated with the failure of their never-ending attempt to destroy or pocket Nigeria’s biggest and most successful copyright collective management organization, Copyright Society of Nigeria (COSON), with thousands of members spread across Nigeria.

The lawyers, board and members of COSON remain firm and determined that COSON which was set up for the welfare of musicians across Nigeria and to cushion their suffering will not be turned into the private ATM of a small group of people.

The latest gambit of the group is to spread the fake news that COSON is presently operating unlawfully. Earlier, the same group had been all over social media with another fake news that COSON had ceased to exist when anyone can go to the magnificent COSON House in Ikeja and witness the bubbling activities in the sparkling edifice.

We wish to bring to the notice of the general public that while COSON has filed a Notice of Appeal in the interlocutory decision in Suit No: FHC/L/CS/425/2020, between COSON and the Nigerian Copyright Commission, the suit has not been tried, struck out nor dismissed. The prayers of COSON remain live issues before the Court and there is no way that COSON can be said to be operating unlawfully without the issues being determined. Indeed, in a ruling by the Court striking out an application by MCSN to be joined in a suit filed by COSON, the court described MCSN as “a restless interloper and a vexatious intervener”.

Lawyers to COSON have also written to the NCC drawing their attention to the well-established doctrine of “Lis Pendes” forbidding anyone from taking any action which will overreach a court or impose a fait accomplice or a situation of helplessness on a Court.

The general public should be left with no doubt that Nigeria remains a democratic society and that COSON, its members and lawyers are determined and fully ready to pursue their matters and all the injustice unleashed on them by the group to each matter’s logical conclusion. For the avoidance of doubt, COSON is working.

For those interested, the prayers of COSON which remain live issues in Suit No: FHC/L/CS/425/2020, are as follow:

a. A DECLARATION that the provision in the Copyright (Collective Management Organizations) Regulations 2007 by which the Defendant has assumed the power to unilaterally suspend the licence of an approved Collecting Society without an order of court, is undemocratic, unlawful, unconstitutional, null and void.

b. A DECLARATION that the provision in the Copyright (Collective Management Organizations) Regulations 2007 by which the Defendant has assumed the power to unilaterally revoke the licence of an approved Collecting Society without an order of court, is undemocratic, unlawful, unconstitutional, null and void.

c. A DECLARATION that the provision in the Copyright (Collective Management Organizations) Regulations 2007 requiring an approved collecting society to apply to the Nigerian Copyright Commission to renew its licence is undemocratic, unlawful, unconstitutional, null and void.

d. A DECLARATION that the provision in the Copyright (Collective Management Organizations) Regulations 2007 by which the Defendant has assumed the power to order the audit of a Copyright Collective Management Organization without the authorization of the society’s Annual General Meeting and without a court order is undemocratic, unlawful, unconstitutional, null and void.

e. A DECLARATION that the directive by the Defendant without an order of court that the bank accounts of the Plaintiff be frozen is ultra vires the powers of the Defendant, illegal, unlawful, null and void.

f. A DECLARATION that by the provisions of Section 44 of the Constitution of the Federal Republic of Nigeria and the decisions of the Supreme Court of Nigeria in SC 425/2010 (MCSN v. CDT & 2 Ors) and SC. 336/2008 (Adeokin Records & Alhaji Saka Alagbada v. MCSN), the Defendant cannot lawfully prevent the Plaintiff, an owner, assignee and exclusive licensee of copyright, from legally enforcing its intellectual property rights and those of its members.

g. A PERPETUAL INJUNCTION restraining the Defendant, its officers, agents, servants or privies from relying on the provisions of the Copyright Collective Management Organizations Regulations 2007 and taking any steps purporting to revoke the operating licence/ approval of the Plaintiff or in any way or manner disturbing/continuing to disturb or preventing/continuing to prevent the Plaintiff from lawfully enforcing the constitutional rights of its members, affiliates, assignees and reciprocal representation partners or interfering/continuing to interfere with the internal management, operations, funds, audits or bank accounts of the Plaintiff or disturbing/continuing to disturb or preventing/continuing to prevent the Plaintiff, its members, affiliates, assignees and reciprocal representation partners from earning income and sustaining themselves with their Intellectual Property, without an order of court.

h. Damages in the sum of N8,000,000,000.00 (Eight Billion Naira Only) for the undemocratic, unlawful and unconstitutional suspension of the approval and operating licence of the Plaintiff and the unlawful directive that the bank accounts of the Plaintiff be frozen.

i. Damages in the sum of N2,000,000,000.00 (Two Billion Naira Only) for the significant loss of Reputation and Goodwill suffered by the Plaintiff and arising from the massive publicity sustained by the Defendant against the Plaintiff following the undemocratic, unlawful and unconstitutional suspension of the approval and operating licence of the Plaintiff and the unlawful directive that the bank accounts of the Plaintiff be frozen.

j. Cost of the action in the sum of Ten Million Naira only (Ten Million Naira only)

k. Interest on all damages and cost awarded at 15% per annum from the date of the award until the award is paid.

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Nigerian Art Icons Lemi Ghariokwu and Ini Dan to be Honored at Ojez Forum on Sunday

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2 days ago

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February 21, 2025

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A celebration of artistic excellence is on the horizon as the February edition of the Ojez Forum pays tribute to two giants of Nigerian art: Lemi Ghariokwu and Otunba Akang Ini Dan. The event will be held this Sunday at Ojez Lounge, National Stadium, Surulere, Lagos.

 

Lemi Ghariokwu, also known as Emmanuel Sunday, is a self-taught Nigerian visual artist celebrated for his distinctive and thought-provoking album cover designs. He is most recognized for his extensive collaboration with Afrobeat legend Fela Kuti, creating the artwork for 26 of Kuti’s albums. Ghariokwu’s art is distinguished by its vibrant colors, meticulous detail, and socio-political messages, reflecting African identity, activism, and cultural pride. His prolific career includes designing over 2,000 album covers for artists around the globe, including iconic figures such as Bob Marley, Miriam Makeba, and Lucky Dube. His work has been showcased in exhibitions worldwide.

Otunba Akang Ini Dan is the Managing Director and CEO of Fodak Production. He is also the founder and chairman of the Sister Heart and Visual Foundation, organizations dedicated to developing artistic talent and promoting Nigeria’s cultural heritage. As Vice President (South West) of the Society for Nigerian Artists, Otunba Dan has been a champion for artists’ rights and a facilitator of platforms for artistic expression.

 

The Ojez Forum is a monthly event that highlights individuals who have made significant contributions to the arts in Nigeria. This month’s gathering promises to be a special occasion, bringing together artists, enthusiasts, and patrons to celebrate the accomplishments of Lemi Ghariokwu and Otunba Akang Ini Dan. Attendees can anticipate engaging discussions, exhibitions, and performances showcasing the vibrant landscape of Nigerian art.

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KongaFM -103.7 Launches “Shop On Radio”

Published

5 days ago

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February 18, 2025

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For the first time in Africa, radio is no longer just about listening to music and advertisements; it’s added shopping. KongaFM -103.7, Nigeria’s pioneering Hit Music & Commerce radio station, is set to change the way Nigerians buy and sell with the official launch of “Shop On Radio.” On Monday 24th of February, 2025.

 

This is a game changer at a time Nigeria increased data cost by 50%.

 

This groundbreaking initiative, powered by an innovative partnership between KongaFM and Konga.com, turns live radio broadcasts into an interactive shopping experience, allowing listeners to place orders seamlessly, even without wasting so much cash on Data. Nigerian shoppers now have options with Konga.com and most importantly rock buttom prices on all items announced live on radio and delivered same day in lagos if orders are placed before 12noon.

 

Shoppers are encouraged to open a wallet with Kongapay.com as stock may be limited and orders shall be treated on first paid.

 

According to Mayowa Oladeji, Communications Lead at KongaFM, this marks a major shift in the e-commerce landscape.

“For the first time in Africa, radio is becoming an interactive shopping destination, bringing together millions of listeners and turning them into instant shoppers. We urge manufacturers and business owners to seize this opportunity by reaching out via WhatsApp, email, or Konga.com to showcase their products to a ready market.

Thanks to our innovative partnership, customers in Lagos who order during the show will enjoy guaranteed best prices and same-day delivery in Lagos, while we conclude logistics for same day delivery in other major cities of Nigeria before month of June this year, making shopping faster and more convenient than ever. This is a component of the future of commerce in Africa powered by KongaFM -103.7, streaming globally on kongafm.com 24hours every day.

 

How It Works

Listeners can tune in to “Shop On Radio” every morning from 7:00 AM – 8:00 AM and again in the evening from 5:00 PM – 6:00 PM. Products will be announced live on air, often with exclusive discounts, and customers can place orders instantly via WhatsApp or Konga.com. A KongaFM representative confirms the order, and for Lagos-based shoppers, delivery is completed the same day; a service made possible by Konga Logistics’ expanded fleet of 140 trucks, buses, and over 120 motorbikes.

Beyond Lagos, Nigerians across the country, and even in the diaspora, can participate by streaming live at kongafm.com, ensuring that no one is left out of this retail revolution.

A Win-Win for Shoppers and Businesses

With high internet costs, trust issues, and logistical inefficiencies still posing challenges to e-commerce in Nigeria, Shop On Radio offers a data-free, fast, and trusted alternative for both buyers and sellers.

 

For shoppers, this means exclusive deals, quick and easy WhatsApp ordering, and guaranteed same-day delivery in Lagos. For businesses, including manufacturers, distributors, retailers, and SMEs, this is a golden opportunity to reach a massive, engaged audience instantly and boost sales in real time.

Shoppers and merchants beyond Lagos can also seamlessly place orders or advertise their businesses, with Konga Logistics’ expanded fleet ensuring timely and efficient nationwide delivery.

 

To further enhance the experience, Konga.com has upgraded its call center to handle increased order volumes, ensuring smooth transactions and customer support.

More Than Just Shopping—A 24/7 Experience

KongaFM is more than a marketplace; it’s a dynamic platform designed to cater to diverse audiences. The station kicks off each day from 5 -7am with Morning Inspiration, featuring best global gospel music with uplifting words to start you day blessed captioned -Start your Day with God, and same All Sundays. It is inspiring both for Entrepreneurs, students, unemployed, employed and those retired. It is unbelievable these contents are domiciled in a Nigeria radio station powered by AI, ensuring a well-rounded listening experience beyond commerce.

KongaFm 103.7 in support of a new economy is also extending Free Advertisement to both big, medium and small businesses to showcase their products. Interested companies are advised to call 07080635705 or email info@kongafm.com

 

The future of shopping is here. Don’t just listen. Shop, sell, and save; all on KongaFM -103.7!

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Lagos Tourism commissioner on working visit to San Francisco film and entertainment commission

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1 week ago

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February 15, 2025

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Lagos Tourism commissioner on working visit to San Francisco film and entertainment commission

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