PLEASE DON’T SET UP A CMO! Tony Okoroji warns

SATURDAY BREAKFAST with TONY OKOROJI

YOU WANT TO BE RICH? PLEASE DON’T SET UP A CMO! Chief Tony Okoroji Warns those who wants to get rich by any means.

This week, on the 20th of May 2020, we celebrated the 10th anniversary of the official take-off of the operations of COSON which has become Nigeria’s must successful and most admired copyright Collective Management Organization (CMO).

On the same 20th of May, we marked the 3rd anniversary of the commissioning of the COSON House in Ikeja which continues to sparkle and which my communications team does not talk about without prefixing with the adjective, “magnificent”.

Yes, we always wish to remind everyone that there is not one Naira of government money in the acquisition and construction of the “magnificent COSON House”, no donor dollar or pound came from anywhere and that we acquired, built and equipped COSON House with no bank loan and no debt of any type. The sparkling national green colour of COSON House tends to suggest to some people that it is federal government property. No! COSON has never received any type of money from the government.

Fired up by our exhilarating slogan, “let the music pay!”, COSON has in its ten years of operation, distributed hundreds of millions of Naira as royalties to its members and affiliates. Just recently in April 2020, even with the major bank accounts of COSON frozen and the issues in court, COSON in a responsive and responsible manner reacted to the suffering of its thousands of members across the country under the pressure of the COVID 19 lockdown. The society became the first Nigerian institution to provide anti Coronavirus palliatives to its members at a time of great need. At first, =N=50 million was approved by the COSON Board for this purpose. An additional =N=22.5 million was later approved. The distribution has been done in a very structured, professional and transparent manner which has been widely celebrated by members of COSON and others.

You know what? Now, everybody wants to set up a CMO! In the typical Nigerian fashion, all the people who want to make quick money think that they can replicate COSON. They want to turn the very complex system of collective management of copyright into their new “pure water” business in which everyone has his own cheap cellophane designs littering the streets.

Not too long ago, I was President of PMAN. With a driven team, clear vision and never-say-die passion, I worked 25 hours every day, eight days a week, to make PMAN a glorious national brand. Everyone across the world, from the President of the Federal Republic, governors, ambassadors and stars of all colours wanted to associate and rub shoulders with PMAN. PMAN became a much-admired name and the toast of the nation. And the dam broke!

Every musician in Nigeria who could afford a tokunbo SUV began to see himself as President of PMAN. To be PMAN President became the burning ambition of a lot. At some point, there were four people simultaneously calling themselves PMAN President! With all due respect, none of them understood the vision or the mission. PMAN is a registered trade union but none of the ‘Presidents’ had ever read the Trade Union Act or even the PMAN constitution. We all can see where it has led PMAN.

In my service to the creative industry in our nation, I have always been driven by those almost forgotten words, “together we stand, divided we fall”. The strength of PMAN came from the bringing together of diverse people across Nigeria to share in one vision. I toured nearly every nook and cranny of Nigeria to make that possible. It required an incredible amount of work, loads and loads of battles and heaps and heaps of personal sacrifice. Everywhere, I had to know what I was talking about. So, I had to study everyday and study very hard. Take it from me, there is nothing worse than an ignorant leader.

Either as President of PMAN or Chairman of COSON, I have never gone into a meeting or discussions without first getting a good grasp of the relevant laws, the rules, the issues, the statistics or the trends. I believe that every great leader must remain a student through his tenure with the appetite to learn as much as possible. I wish to repeat that there is nothing worse than an ignorant leader.

I have repeatedly told people that you can never become rich by doing the kind of work that I do. What drives you must be the genuine love of people and not the love of self. You can never build a great trade union or an outstanding CMO if you are driven by self interest or the interest of you and your handful of friends. When you lead a CMO, you work for others and not for self.

I see all the people positioning themselves to launch new CMOs in Nigeria and ask myself whether they truly understand what it takes to make a CMO work. Do they know how many years of study, work and patience it has taken COSON to be where it is? Do they have the requisite technical knowledge? Do they know how many court cases that litter the road COSON has had to travel? Do they think that there is anyone out there with bags of money waiting to give to them just upon their asking? Do they think that there would be no new arguments, quarrels or disagreements within whatever contraptions they have in mind?

I look around and I see all the people who not long ago thought they would become super rich by becoming PMAN President and I ask, “how did it pan out guys?”

That is why I say that setting up a CMO is not pure water business. If you want to be rich?... Please, don’t set up a CMO!

EFE OMOROGBE & “AIBEE” ABIDOYE IN IT AGAIN

COSON LAWYER HAMMERS EFE OMOROGBE & “AIBEE” ABIDOYE

Mr. James Ononiwu of Whitedove Solicitors, renowned lawyer to Copyright Society of Nigeria (COSON) has swiftly reacted to a media statement jointly issued by Efe Omorogbe who led the failed 2017 “coup’ in COSON and his friend, Ibukun “Aibee” Abidoye of Chocolate City Music.

In separate but similar letters to Mr. Omorogbe and Ms. Abidoye titled “WARNING!” and dated March 20, 2020, Mr. Ononiwu took serious issues with the duo for attacking the 10 billion naira lawsuit recently filed by COSON against the Nigerian Copyright Commission (NCC).  

In his letter to Omorogbe, Mr. Ononiwu wrote, “Our attention has been drawn to an ill-advised statement dated March 19, 2020 credited to you and one Ibukun “Aibee” Abidoye in which you went on a tirade against our client in what is clearly another attempt to damage the image and hard won reputation of our client.

“We are not unaware of the likely frustration you may be going through as a result of the calamitous and disgraceful failure of your plot to hijack the Chairmanship of COSON and take over the society in 2017, a plot which the members of COSON overwhelmingly shot down. You are obviously unhappy that despite everything you have thrown at our client, in your rage at the wholesale rejection by the members of our client of your plot to take over COSON, our client continues to stand tall.

“We however did not believe that your desperation will get to the point where you will completely throw caution to the wind and publicly and openly become the judge in an important matter before a court of competent jurisdiction in which you are not even a party. How dare you!!!

Continued Mr. Ononiwu, “It appears that after three years of your misadventure, you are still daydreaming of leading COSON, an organization you have done everything to strangulate and impose punishment on its innocent members. Be told that your current attempt to desecrate the temple of justice will not be laughed at.

“Are you saying that the Nigerian Copyright Commission with its battery of lawyers is not competent to defend itself with respect to the weighty issues our client has brought to court or are you confirming the wide speculation that you have been working hand in hand with some people in the NCC in the attempt to strangulate COSON and impoverish the thousands of members of COSON? Are you saying that COSON which has been built on the constant questioning of the law no longer has any right to go to court to question the use or misuse of Nigerian law? Meanwhile, both you and Ms. Abidoye’s company are in court seeking judgment against our client!”

The fiery Lagos lawyer concluded by warning Efe Omorogbe and “Aibee Abidoye”. In the words of Mr. Ononiwu, “You are hereby severely warned that Nigeria remains a nation of laws and if you do not caution yourself and desist henceforth from being a self-appointed judge, publicly commenting and passing judgment on any of our client’s cases before any court of law, we will ensure that the full weight of the law is brought against you without any further reference to you”

10 BILLION NAIRA LAWSUIT ON NIGERIAN COPYRIGHT COMMISSION (NCC)

Copyright Society of Nigeria (COSON), the nation’s biggest copyright collective management organization, has gone to the Federal High Court to seek damages of eight billion naira from the Nigerian Copyright Commission (NCC) for “the undemocratic, unlawful and unconstitutional ‘suspension’ of the approval and operating licence of the Plaintiff” and another two billion naira “for the significant loss of Reputation and Goodwill suffered by the Plaintiff and arising from the massive publicity sustained by the NCC against COSON 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.”

In its 63 paragraph Statement of Claim in suit No FHC/L/CS/425/2020 filed by renowned Lagos lawyer, Mr. James Ononiwu of Whitedove Solicitors, COSON pleads that It is a fact that the Copyright Act in Section 39 (2) gives the Defendant the power to approve collecting societies but nowhere under the law is the NCC given the power to suspend, revoke or in any way restrict the approval given to a collecting society or embark on an audit of a collecting society or direct the freeze/restriction of the bank accounts of a collecting society without an order of court.

COSON which is Africa’s fastest growing CMO with thousands of members across Nigeria, also pleads that while the Copyright Collective Management Organization Regulations (2007), made by the NCC, states that it has been made in exercise of the powers conferred on the NCC by section 39 (7) of the Copyright Act, the regulations are over reaching of the law because nowhere in Section 39 of the Copyright Act or any other law is the commission given the power to suspend, revoke or in any way restrict the approval given to a collecting society or embark on an audit of a collecting society or direct the freeze/restriction of the bank accounts of a collecting society without an order of court.

COSON said that the NCC has become a MONSTER, deploying the wide powers it has unlawfully assumed to decimate the stakeholders it was set up to protect and that in its actions, the commission has been the law maker, the accuser, the judge and the jury in its own case without COSON being offered any opportunity for fair hearing.

COSON has therefore asked the Federal high Court to declare that the provisions in the Copyright (Collective Management Organizations) Regulations 2007, made by the NCC, by which the NCC has assumed the power to unilaterally suspend or revoke the licence of an approved Collecting Society or to require an approved collecting society to apply to the NCC to renew its licence are undemocratic, unlawful, unconstitutional, null and void.

Similarly, COSON which has reciprocal representation agreements with about 150 collective management organizations in every continent around the world has asked the Federal High Court to declare that the provision in the Copyright (Collective Management Organizations) Regulations 2007 by which the NCC 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. Also requested is a declaration that the directive by the NCC without an order of court that the bank accounts of COSON be frozen, is ultra vires the powers of the NCC, illegal, unlawful, null and void.

Furthermore, COSON is seeking a perpetual injunction restraining the commission, its officers, agents, servants or privies from relying on the provisions of the Copyright Collective Management Organizations Regulations 2007 to take any steps purporting to revoke the operating licence/ approval of COSON or in any way or manner disturbing/continuing to disturb or preventing/continuing to prevent COSON 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 COSON, its members, affiliates, assignees and reciprocal representation partners from earning income and sustaining themselves with their Intellectual Property, without an order of court.

It will be recalled that at a massively attended world press conference held at COSON House, Ikeja days before the suit was filed, COSON called for the immediate resignation of Mr. John Asein, the Director-General of the Nigerian Copyright Commission who is alleged to be immersed in rabid corruption. At the Press Conference addressed by the CMOs chairman, Chief Tony Okoroji, he said, “the Nigerian Copyright Commission has brought shame to the Nigerian nation. We therefore on this 10th day of March 2020 call on the Federal Government of Nigeria to call the Nigerian Copyright Commission to order. We demand of the Buhari Administration to order the Nigerian Copyright Commission to publish a bold and unreserved apology to the thousands of members of COSON, the entire Nigerian creative community and the international copyright family for the terrible misuse and abuse of power and to make appropriate restitution to COSON”

NCC’S OBI EZEILO LOSES ROUND ONE IN 100 MILLION NAIRA SLANDER ACTION FILED BY OKOROJI

A Lagos High Court Judge, Mr. Justice A.M. Lawal this Monday, January 13, 2020, bluntly told Mr. Obi Ezeilo, a senior official of the Nigerian Copyright Commission (NCC), that he cannot use any lawyer in the employ of the Nigerian Copyright Commission to defend himself in the =N=100 Million slander action brought against him by Chief Tony Okoroji, Chairman, Copyright Society of Nigeria (COSON).

Mr. Ezeilo who is a lawyer, had announced himself and one Abiola Adekunle, another lawyer employed by the Nigerian Copyright Commission as representing him in the SUIT NO ID/ADR/2389/2019 in which Chief Okoroji has asked the court for an order mandating Ezeilo to retract the “false and slanderous” statements made by him against Chief Okoroji on October 25, 2018 and issue an apology to Chief Okoroji prominently published in four (4) recognized national daily newspapers. Chief Tony Okoroji has also asked for General Damages for slander in the sum of N100,000,000.00 (One Hundred Million Naira) and a perpetual injunction restraining Mr. Ezeilo, Ezeilo’s servants, privies or agents or otherwise called, from further uttering or publishing or causing to be published the said words or any words defamatory of Chief Okoroji.

Reacting to Ezeilo’s announcement of his legal team, lawyer to Chief Tony Okoroji, Mr. Omo-Elo Akokaike protested vehemently and told the court that while Mr. Ezeilo may defend himself in the matter in which he is sued in his personal capacity, he cannot engage the services of lawyers under the employ of the Nigerian Copyright Commission and paid by the Federal Government to defend himself. He insisted that what Mr. Ezeilo was trying to do was unknown to law and legal practice in Nigeria.

Despite what turned out to be a prolonged and hot argument by Mr. Ezeilo that he is Head of Prosecution at the Nigerian Copyright Commission and that at the relevant time he was acting in his official capacity, Justice Lawal sided with Chief Okoroji’s lawyer and determined that Ezeilo had been brought to court in his personal capacity and that he cannot use any government lawyer to defend himself.

The Judge adjourned the matter to March 7 to deal with any pending applications while immediately sending the case to the ADR Track for possible resolution before the adjourned date.

Present in court were Chief Tony Okoroji and renowned COSON Lawyer, Mr. James Ononiwu of Whitedove Solicitors.