Man Arraigned in Lagos for Production of 75,000 Copies of Pirated Musical Works

Newsroom

Lagos, Nigeria — The Nigerian Copyright Commission (NCC) yesterday arraigned Mr. Michael Orakwe popularly known as “Pandora” for illegal reproduction of musical works belonging to the famous late musician, Dr. Sir Warrior which copyright was later assigned to Panovo Entertainment.

The accused person was arraigned before the Federal High Court, Ikoyi Lagos presided by Justice M.B. Idris.

Accused counsel Mr. Jim Abel Ofoma filed a preliminary objection by way of motion on notice challenging the jurisdiction of the court to hear the matter. However, the Commission represented by its counsel, Lawrence C. Nnoli opposed same citing Section 396(2) of the newly enacted Administration of Criminal Justice Act.  Mr. Nnoli argued that in view of the provision of the new act, such application by the accused counsel can be taken only after the accused has taken his plea and then the court will consider it and deliver ruling on same at the time of judgment. The court agreed with the counsel to the NCC and ordered that the accused take his plea.

The Accused pleaded “Not Guilty”.

Bail application for the accused moved by his lawyer was opposed by the Commission’s lawyer and the court adjourned the case to January 22, 2016 for ruling. In the meantime, the Judge ordered that the accused be remanded in prison custody pending the outcome of the ruling.

Excerpts from the three count charge are provided below:

“Count One:

That you Michael Orakwe (Trading under the name and style of Pandora Music Link…between August 2010 and December 2013 within the Lagos Judicial Division of the Federal High Court of Nigeria made or caused to be made for the purpose of trade or business, 75,000 infringing copies of musical video of the song titled “My Success”, in which copyright subsists in favour of Ndubisi Nwachukwu (Panovo Entertainment), without the consent and authorization of the copyright owner and thereby committed an offence contrary to and punishable under Section 20 (1) (a) of the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004.

Count Two:

That you Michael Orakwe (Trading under the name and style of Pandora Music Link…between August 2010 and December 2013 within the Lagos Judicial Division of the Federal High Court of Nigeria did distribute for purpose of trade or business 75,000 infringing copies of musical video f the song titled “My Success”, in which copyright subsists in favour of Ndubisi Nwachukwu (Panovo Entertainment), without the consent and authorization of the copyright owner and thereby committed an offence contrary to and punishable under Section 20 (2) (b) of the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004.

Count Three:

That you Michael Orakwe (Trading under the name and style of Pandora Music Link…between August 2010 and December 2013 within the Lagos Judicial Division of the Federal High Court of Nigeria did have in your possession other than for private or domestic use, 75,000 infringing copies of musical video f the song titled “My Success”, in which copyright subsists in favour of Ndubisi Nwachukwu (Panovo Entertainment), without the consent and authorization of the copyright owner and thereby committed an offence contrary to and punishable under Section 20 (2) (c) of the Copyright Act Cap C28 Laws of the Federation of Nigeria 2004.

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About Bob Aroture 555 Articles
Bob is a Senior Editor and Content Development Manager at Nigerian Law Intellectual Property Watch. He holds a BS degree, with a major in biochemistry. He works directly with the Newsroom Team. His focus areas are technology and innovation, and pharmaceutical technology. Email: editorial@nlipw.com