ADEOKIN RECORDS V MUSICAL COPYRIGHT SOCIETY OF NIGERIA (LTD/GTE)

Issue:

Plaintiff the Respondent averred in paragraphs 2, 3, 4, 5, 6, 7, 8, 9,11,12, & 14 of the statement of the claim the capacity it took out the suit against the Appellant, as the Defendant, thus. 2. The Plaintiff is the owner, assignee and exclusive licencee of the performing, reproduction and other rights in (the) musical works contained in reportoire within the territory of Nigeria. 4. The Plaintiff is the owner, assignee and exclusive licencee of the copyright, including reproduction (mechanical) and public performance rights and also adaptation rights in the work "OJUMO RE" originally written, composed, arranged, performed and/or recorded by Alhaji Fatai Olowonyo and contained in the album "DON’T TOUCH ME." Before filing its statement of Defence to join issues on the Respondent's averment the Appellant, by way of demurrer, filed on 21st November, 1996, a motion on Notice seeking:- An order striking out this suit on the ground that the Plaintiff lacks the requisite locus standi to institute this action. In order to sustain its preliminary objection, on the grounds that the Respondent as the Plaintiff lacked the requisite locus standi to institute the action, the Appellant, as the Defendant, argued, and the learned trial Judge agreed with him, that until the Respondent (the Plaintiff) a corporate body, was licensed as a Collecting Society by the Copyright Council pursuant to Section 32(B) of the Copyright Act, as amended by Copyright (Amendment) Act 1992, it lacked the locus standi to institute this suit. Holding further that when the Plaintiff lacks the locus standi to institute and maintain an action the Court lacks jurisdiction to entertain the action, the learned trial Judge then struck out the suit of the Respondent. The Respondent, positing that it did not sue as a Collecting Society, but "as Owner, assignee and exclusive licencee," appealed to the Court of Appeal, Lagos Division (hereafter called the 'Lower Court'). The Lower Court (Coram: Galadima, Aderemi & Jega, JJCA, as they were then) allowed the appeal and set aside the decision of Ukeje, J (as she then was): that the Respondent not being a Collecting Society lacked locus standi to institute the action. This further appeal is against the judgment of the Lower Court delivered on 27th September, 2004.