A Federal High Court sitting in Benin City, has dismissed a case brought by 2 Face Idibia, also known as 2 Baba, Joel Ajayi and four others, against Copyright Society of Nigeria (COSON); the society’s Chairman, Chief Tony Okoroji; the General Manager, Mrs. Bernice Eriemeghe Ashibuogwu and the Nigerian Copyright Commission (NCC).
After hearing COSON lawyer, Douglas Ogbankwa Esq address the court on COSON’s comprehensive Preliminary Objection, the Presiding Judge, Hon Justice B.O. Quadri, dismissed the case marked Suit No. FHC/B/C15/39/2021.
In his ruling, the judge held that the case is dismissed since the court lacked the territorial jurisdiction to adjudicate the case as the Defendants: Copyright Society of Nigeria (COSON), Chief Tony Okoroji, Mrs. Bernice Eriemeghe Ashibuogwu and Nigerian Copyright Commission (NCC) operate and do business in Lagos and Abuja, respectively. The judge also held that it will amount to Judicial Rascality for the Court to adjudicate over a case that had a multiplicity of suits over the same matter, indicating that the case was a classic example of Forum Shopping.
The court further held that the action of the Claimants in the suit amounts to an improper use of Court Process which connotes an Abuse of Court Process.
The Court dismissed the suit of the Claimants, in which 2 Face Idibia, Joel Ajayi and others were represented by Dele Igbinedion Esq, and adjourned the matter to May 19, for the hearing of the Counterclaim of Copyright Society of Nigeria (COSON), Chief Tony Okoroji and Mrs. Bernice Eriemeghe Ashibuogwu.
Reacting to the development, COSON Chairman, Chief Tony Okoroji said: “I know that I am supposed to be happy at the development but I am not. I have never had any issue with 2 Face. I am one of his biggest fans and consider him my friend and a significant colleague in the COSON family. I do whatever I can to defend the interest of every member of COSON.
“It is my considered opinion that 2 Face allowed himself to be drafted and used to fight an unnecessary war in which he may not have understood the facts or the motivations. I spent so much valuable time and money going to Benin-City, so many times, because of a case which to my mind, had little merit. There are people who know that I tried to resolve this matter out of court, but I was not given the opportunity. The chips are now down and we have no choice but to go ahead with our Counterclaim”.
