The Court of Appeal, Lagos Judicial Division, has dismissed an interlocutory appeal by the Copyright Society of Nigeria Ltd/Gte (COSON) against the Nigerian Copyright Commission (NCC), thereby affirming the Federal High Court’s refusal to grant an interlocutory injunction against the Commission.

In a unanimous judgment delivered on 9 July 2026, the Court awarded ₦200,000 in costs against COSON. The lead judgment was delivered by Hon. Justice Polycarp Terna Kwahar, JCA, with Hon. Justice Folasade Ayodeji Ojo, JCA, and Hon. Justice Muslim Sule Hassan, JCA, concurring.

The appeal arose from COSON’s substantive suit challenging aspects of the Copyright (Collective Management Organisations) Regulations, 2007. Pending the determination of the suit, COSON applied to the Federal High Court for an interlocutory injunction restraining the NCC from revoking its operating approval or interfering with COSON’s management, funds, bank accounts, audits and royalty-collection activities.

In a ruling delivered on 1 December 2021, the Federal High Court refused the application, holding that an interlocutory injunction could not restrain an act already completed. COSON’s operating approval had been suspended in April 2018 and subsequently expired in May 2019, before the substantive suit and the application for an injunction were filed.

Dismissing the appeal, the Court of Appeal resolved the sole issue in favour of the NCC and held that there was no existing or valid approval for the lower court to preserve by injunction. Hon. Justice Kwahar stated:

“Both the Appellant and the Respondent have demonstrated vide their affidavit evidence that the Appellant’s operation had prior to the commencement of the suit become inoperative by virtue of the suspension of the Appellant’s licence and expiration by effluxion of time. That is the status quo ante bellum before the commencement of the suit at the lower Court.”

The Court reaffirmed that an interlocutory injunction is intended to preserve the state of affairs existing before litigation and cannot ordinarily be used to reverse an act completed before proceedings commenced. Since COSON’s approval had already been suspended and subsequently expired, the injunction sought would have altered, rather than preserved, the status quo.

The Court accordingly dismissed the appeal for lack of merit and affirmed the Federal High Court’s ruling.

Reacting to the judgment, the Nigerian Copyright Commission welcomed the decision, noting that it confirms that there was no subsisting operating approval for the lower court to preserve by injunction. The Commission reiterated that COSON is not presently approved to operate as a collective management organisation (CMO). (The Nation)

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