A Lagos State High Court sitting in Ikeja has asked the Chairman, Board
of Directors, the Copyright Society of Nigeria, Chief Tony Okoroji, to pay Mr.
Mayo Ayilaran of Musical Copyright Society of Nigeria Limited the sum of N25m
as damages for a defamatory letter written by the defendant against the
claimant.
In a judgement delivered by Justice O. Femi-Adeniyi on October 22, 2014,
the judgment debtor is also to pay an interest of 10 per cent per annum until
the judgement sum is liquidated.
Ayilaran had in, 2002, instituted a legal action against Okoroji
claiming that he defamed his character through a letter dated December 4, 2001.
The letter, according to the claimant, was addressed to the Performing
Rights Society Limited, United Kingdom Copying the International Federation of
Societies of Authors and Composers and the Nigerian Copyright Commission.
Ayilara, in a writ of summons dated April 16, 2002 alleged that Okoroji,
in the letter titled “PRS Activities in Nigeria: Serving the Interest of the
Authors/Composers or Mayo Ayilaran?” described him as a dishonest, fraudulent,
difficult, problematic and dissatisfied individual.
He said the defendant had, in the letter, accused him of operating an
illegal collection society for years, adding that he was facing criminal
charges over the crime.
But the claimant had gone to court asking for N100m in damages against
the defendant.
In Justice Femi-Adeniyi’s judgement, a copy of which was obtained by the
press on Thursday, it was noted that Okoroji did not deny authorship of the
said letter.
The court also noted that the defendant contended during the trial that
he wrote the letter in his capacity as the chairman of the Performing and
Mechanical Right Society of Nigeria.
The court held the letter was carefully written and clearly intended to
cause the claimant harms.
“The said letter contains three pages of writing carefully divided under
sub-heads and was written in response to letters allegedly written to members
of PMRS.
“I find and hold that the words used therein, which are disparaging of
the claimant, are not mere vulgar abuse but that they were used intentionally
and with the motive to remove the claimant in favour with the recipients of the
letter.
“The defendant has not been able to successfully give lawful
justification for the words he has used in relation to the claimant in the said
letter to remove him from liability and I so hold,” the judge said.
While noting that Okoroji continued to insist even during trial that the
claimant was indeed as he had been described, the judge pointed out that
Okoroji’s allegations were not supported by any shred of evidence.
Justice Femi-Adeniyi held, “The defendant also alleged that the claimant
was facing criminal charges based on the illegality. However, this allegation
was not supported by the production of any charge sheet proffered against the
claimant as exhibit before the court, or even the proceedings of the criminal
prosecution. Rather, it was the claimant who tendered exhibit C23, the order
striking out the charge against him in the Federal High Court given on June 18,
2002.”
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