The
Nigerian Copyright Commission (NCC) on Tuesday arraigned the Chief Executive
officer of the Musical Copyright Society of Nigeria (MCSN), Mayowa Ayilaran and
other top officials of the company for allegedly operating as collecting
society of musical works without the approval of the commission.
Ayilaran
was arraigned alongside others on three separate charges before Justice
Mohammed Yinusa of the Federal High Court in Lagos.
Other
officials of the company are Louis Udoh, Halim mohammed, Banjo Omolara Biliqis,
Yusuf Adogi Benson, Olukayode Ajayi and Njoku Gladys.
In the
first charge which was made up of one count, the MCSN officials were alleged to
have performed duties as a collecting society by demanding royalties from a
firm, Blow Fish, and still went on carrying the business of soliciting and
granting licenses on behalf of copyright owners without the approval of the
NCC.
In the
second charge which also consist of one count, Ayilaran and his men were
accused of demanding royalties on musical works from Scarlet Lodge, while in
the third charge, the MSCN officials were accused of demanding royalties from
Southern Sun hotel.
The
offence, according to the charges contravened Section 39 (4) (5) and (6) of the
NCC Act, Cap C28, Laws of the Federal Republic of Nigeria, 2004.
All of
the accused pleaded not guilty to the charges, while their lawyer, Wale
Adesokan urged the court to admit them to bail on liberal terms.
He said
the offence for which his clients were charged, was not a serious one that
could warrant the court refusing bail.
Adesokan
said his clients were not arrested by the NCC and brought to the court, adding
that they only took it upon themselves to attend court immediately they got
wind of the matter, and that the NCC also failed to serve them with any hearing
notice.
Responding,
NCC’s lawyer, Obi Ezeilo urged the court to either refuse bail and grant
accelerated hearing, or impose serious conditions to the bail so that the
accused could attend trial.
Justice
Yinusa, in his ruling, said he was impressed by the conduct of the accused
persons, adding that the materials placed before the court by the NCC in
opposition to the bail were not relavant.
According
to the judge, “No doubt, bail is a Constitutional right. I’m impressed by the
conduct of the accused persons by attending court.
“I’m
convinced that the offence is a very simple one with a light sentence. In the
light of the above, I shal reluctantly grant bail to the accused persons. Bail
is hereby granted to each of the accused in the sum of N1 million and two
sureties each in like sum. Each of the sureties shall be a house owner within
Lagos. Learned counsel should also verify the sureties,” Justice Yinusa ruled.
The cases were thereafter adjourned till
February 19, 26 and 27, 2013 for trial.
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