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Nigerian Copyright Commission v. Nworie Anayo

   Federal High Court

Judgement delivered on Monday, March 12, 2012
Citation: 55 NIPJD [CA. 2012] ABJ/CR/10/2012
Suit No. FHC/ABJ/CR/10/2012     Jurisdiction: Nigeria

Judgement delivered by Honourable Justice A. Abdu-Kafarati

Appearances: Mr. Abdul Ter Kohol, with Bisi Olabanji, Dimowo Shakede and Joy Ogbonna for the Prosecution

I. FACTS

The accused was charged for being in possession of 631 infringing copies of copyright works under Section 20(2)(c) of the Copyright Act.  The accused pleaded guilty.  Delivering the judgement on March 12, 2012, Justice Abdu-Kafarati of the Federal High Court No. 2 Abuja, sentenced the accused to both a fine of N63,310 and six months imprisonment.

“Since the convict is an individual, he is hereby sentenced to a fine of N100 per copy of the infringed items i.e. 631 x 100 = N63, 100 naira only.  He is also sentenced to six months imprisonment commencing from the date of arrest and detention being 20th May 2011.”…Justice A. Abdu-Kafarati

The court also ordered that the exhibits, 631 copies of infringing materials, be returned to the Nigerian Copyright Commission for destruction.

II. SENTENCE

The offense for which the convict was charged and convicted based on his plea of guilt carries a punishment of N100 fine “for every copy dealt within contravention of this section or to a term of imprisonment not exceeding two years or in the case of an individual, to both fine and imprisonment”.  This is provided for under Section 20(2)(c) of the Copyright Act, CAP C28 Laws of the Federation of Nigeria 2004.

Since the convict is an individual he is hereby sentenced to a fine of N100 per copy of the infringed items i.e. 631 x 100 = N63,310 naira only. He is also sentenced to six months imprisonment commencing from the date of his arrest and detention being May 20, 2011.

Exhibits B and C to be handed over to the prosecution/complainant for destruction.

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