November 4, 2014 – A Lagos High Court sitting in Ikeja has ordered the Chairman of the Copyright Society of Nigeria (COSON) Chief Tony Okoroji to pay General Manager, Musical Copyright Society of Nigeria(MCSN) Mr. Mayo Ayinlara the sum of N25 million as damages for defamation of character.
Besides, the trial judge, Justice O. Femi-Adeniyi also ordered Okoroji to pay Ayinlara cost of N25,000 in interest on the judgment sum at 10 percent per annum from the date of judgment as well as an order of perpetual injunction restraining Okoroji from further publishing defamatory words against the claimant.
Ayinlara had on April 16, 2002 via a writ of summons dragged the COSON chief before the court praying the court to order Okoroji to pay him N100 million in damages for damaging his reputation.
Ayinlara noted that Chief Okoroji had in a letter dated 4th December, 2001 addressed to the Performing Rights Society(PRS) of United Kingdom titled ‘PRS Activities in Nigeria: Serving the Interest of the Authors/Composers or Mayo Ayinlara?’, described the plaintiff as a dishonest, fraudulent, difficult, problematic and dissatisfied individual.
While delivering his judgment , Justice Femi-Adeniyi said the language used in the letter appear to have been carefully measured and was not spoken in the heat of an argument or in the prelude to a fight.
His words: “The said letter contains 3 pages of writing carefully divided under subheads 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 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 clamant as exhibit before the court, or even the proceedings of the criminal prosecution”, the judge held.
