There are two broad categories of COSON members – those whose catalogues generate significant licensing income through active commercial exploitation on radio, television, film and performance venues and those whose works generate little or none.
The latter are, by and large, grateful, ever-available loyalists, with very little skin in the game. They hold the “Infallible leadership” in such high esteem that they instinctively antagonise anyone who dares question its actions. This piece is not for them. It is for members whose livelihoods and financial interests genuinely depend on an efficient, credible and legally compliant collective management organisation.
The leadership of your CMO, COSON, has fundamentally misled and failed its members. And Mallam Abubakar Malami is not responsible for the sorry situation in which your society has found itself.
How the Crisis Began
COSON, once a vibrant and widely admired CMO, was plunged into crisis by a late 2017 move to reinstate a chairman who had been removed by a resolution of the Board – the very organ empowered under the society’s Memorandum and Articles of Association to appoint and remove its chairman.
A vocal group of loyalists conveniently locked their focus on personality over governance processes, deliberately turning a deaf ear to the critical allegations of breaches and infractions on the front burner. With an assemblage of a beholden board of enablers, the implosion of COSON began in earnest.
What could the leadership have said to convince the members that it would be possible to run a collective management organisation outside the purview of the regulatory authority without running it aground? For those who are unfamiliar with the history, let me serve a cold reminder, facts only.
After what it regarded as the unlawful reinstatement of the then chairman of COSON in November 2017, the Nigerian Copyright Commission, after due consideration of the facts of the matter as witnessed by its personnel, who are present in all board meetings in observer capacity, directed a return to the status quo of Tony Okoroji remaining sacked as board chairman.
The leadership defied the directive, hiding behind a strategically filed suit at the Lagos State High Court. The case was dismissed shortly afterwards.
The Audit That Never Happened
At the insistence of key members who control a huge percentage of the society’s repertoire, the NCC ordered an independent forensic audit of the account and operations of COSON under the leadership of Tony Okoroji to establish or disprove the allegations of infractions.
The leadership once again refused to comply. COSON launched a slew of lawsuits and a barrage of media attacks on perceived enemies – Afam Ezekude, then DG, NCC, Obi Ezeilo, Honourable Justice Kafarati, Mallam Abubakar Malami, the late Toju Ejueyitchie, Laolu Akins, SK Sensation, Obi Asika, Audu Maikori, Paul Okeugo, Dare Fasasi, Joel Ajayi and, of course, yours truly.
It is also worth mentioning that the leadership of COSON cited concerns about the cost of the audit increasing the operational cost of the society beyond the regulator-approved limit of 30% of total revenue. The board, however, had no qualms racking up “security” spending from N1m to N31m in one year to protect the “magnificent” COSON House from access by dissenting members.
In the quest for a timely resolution, Music Publishers of Nigeria (MPAN) offered to cover the cost of the audit. Of course, COSON rejected the offer and the audit, firmly.
In response to COSON’s defiance of its directives, the NCC announced the temporary suspension of the society’s operating license. It demanded compliance to the audit directive as a condition for the lifting of the suspension. The COSON leadership remained defiant.
Eight Years of Litigation
By May 2019, the operating license eventually expired. Obviously unwilling to subject itself to the statutory process, COSON refused to apply for the renewal of its expired operating license. It alleged regulatory persecution and went to court.
Countless individual and corporate stakeholders attempted to intervene. COSON remained adamant, insisting on following through with the lawsuits, touting its unshakable belief in the judicial system to dispense justice and deliver its victory.
The leadership advanced a narrative that many loyalists readily embraced, thereby allowing an unmistakable failure of governance to go largely unchallenged. Even when the society descended to the pathetic low of withholding notices, cherry-picking compliant and grateful attendees, and hosting coded AGMs, the board of acolytes and privileged members focused only on their yuletide largesse in the form of 25k credit alerts, somehow convinced themselves that they were indeed contributing to the building of a world-class CMO.
Curiously, when on December 1, 2021, the Federal Republic High Court in Lagos refused the application for an interlocutory injunction against the Nigeria Copyright Commission, the COSON leadership suddenly refused to uphold its vaunted belief in the Nigerian judicial system. It registered its dissatisfaction and chose to appeal the judgment.
On July 9, 2026, after another five years of incurably costly impasse, the Appeal Court, in a judgment delivered by Honourable Justice Polycarp Terna Kwahar, upheld the ruling of the Federal High Court.
As those who have deep knowledge of the dramatis personae predicted, COSON leadership has yet again chosen to approach the Supreme Court.
Based on the Appeal Court’s reasoning and the history of the litigation, the leadership faces an uphill battle at the Supreme Court. COSON looks likely to lose yet again. As is the case with a good number of the suits it has initiated since the dawn of the crisis. The question then arises as to whether the objective is to win the cases or to prolong the impasse. What if they recognise from day one that they have weak cases but choose to litigate anyway?
2018 – 2026 is eight long years, right? Probably another two, four or six years at the Supreme Court. Maybe eleven or twelve years in total. If a leadership is unwilling to subject itself to independent scrutiny and obviously doesn’t prioritise the best interests of its members, what would be the most effective pathway to self-preservation?
Here are a few more questions for the COSON member, who fully understands that the organisation is a company limited by guarantee, set up to represent a group of right holders in the efficient management of their IP for optimum returns.
For eight years, members have been encouraged to see this crisis as a battle between COSON and its regulator, or between its leadership and Mallam Abubakar Malami, the erstwhile Attorney General of the Federation. But the more important question is whether the crisis has always been about governance, accountability and compliance. If so, then every member owes it to himself or herself to answer a few uncomfortable questions.
Eight Questions Every COSON Member Should Answer
- Have you ever taken the trouble to independently research the facts beneath the lingering crisis? Did you honestly believe in the fairytale that so many founding members of the society suddenly ganged up against COSON because they were jealous of the fantastic achievements of the leadership?
- Did you expect that COSON could somehow operate outside the ambit of government regulation? Better yet, do you sincerely believe that it is in your best interest for a CMO to operate under zero regulatory oversight?
- If the management board of your bank or academic institution got locked in a death match with its industry regulator that has cost you eight years of incalculable losses, would you take remedial action immediately or wallow in denial for another few years expecting a miracle at the Supreme Court and recompense from the regulator?
- Who does it benefit to keep these issues locked in court – the leadership, lawyers and those whose positions, salaries, allowances and professional fees depend on prolonging the status quo, or the members, on the back of whose IP the monies are collected?
- The dysfunctional system in Nigeria has already cost stakeholders hundreds of millions through what has been the golden years of Afrobeats so far. If you are unable to benefit from funds like the copyright levy, who should you hold responsible – your leadership or Mallam Abubakar Malami?
- Run a check of all the key figures behind the establishment and rise of COSON sixteen years ago. How many of them are yet to be labelled as enemies today? Even the lawyers and agents who worked for the leadership when it launched its aggressive attack on the regulator and directors are mostly now “sworn enemies”.
Why does the leadership appear to be in conflict with virtually everyone who once helped to build the organisation? - Who does COSON actually represent today? Which major CMOs does it currently have reciprocal agreements with? PRS, ASCAP, SAMRO, SOCAN, BMI? What is the state of its relationship with the leading local and international organisations in the space today – NCAC, MPAN, AMAMN, PMAN, IFPI, WIPO, CISAC etc? If the value of its repertoire has significantly diminished, who should shoulder the responsibility for the destruction of the organisation?
- What should ordinarily be the best course of action in the interest of COSON members – allow an independent audit to clear the issues, renew your operating license and continue to build legally or muddy the waters with frivolous lawsuits, run the organisation down to pariah status, burn members’ funds on litigation and PR and then blame it all on an embattled Mallam Abubakar Malami who may currently be too preoccupied to set the records straight?
And then, there is the matter of the COSON House. That deserves an article of its own. The facts referred to in this article are drawn from court proceedings, regulatory directives, publicly available records and the author’s knowledge and involvement in the events described.
This article was written by Efe Omorogbe, Chief Executive Officer of Buckwyld Media Network. Views expressed in this article are strictly the writer’s and do not represent The Netng’s
The post What’s Malami gotta do with it? 8 questions for the COSON member -by Efe Omorogbe appeared first on Nigerian Entertainment Today.
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