Liberty Records Incorporated & Anor. v. M.Y. Owotutu
Federal High Court
“(1) Subject to this paragraph, proceedings under section 25 of this Act for infringement of copyright may be taken notwithstanding that the alleged infringement occurred before the commencement of this Act.”
“Perhaps no rule of constitution is more firmly established than this – that a retrospective operation is not to be given to a statute so as to impair an existing right or obligation, otherwise than as regards a matter of procedure, unless that effect cannot be avoided without doing violence to the language of the enactment If the enactment is expressed in language which is fairly capable of either interpretation, it ought to be considered as prospective only”.
The court held that the retrospective effect applied only to proceeding under Section 25 and not any other provisions of the Act.