REVIEW OF MCSN v. COSON

G.O. SODIPO AND CO.

CASE REVIEW

July, 2020 Edition

This review has become necessary as a result of the misrepresentation of facts currently being circulated to the general public by MUSICAL COPYRIGHT SOCIETY OF NIG. (MCSN) LTD/GTE., thus: “the effect and implication of this is that COPYRIGHT SOCIETY OF NIGERIA (COSON) LTD/GTE never existed in law and anything done by and with the organisation is null and void ab nitio, while, MCSN’s rights and operations are confirmed and remain unimpeachable”.

I cannot but laugh at the fallacy of the above statement. However, it points out that MCSN did not even understand the Judgment delivered in their favour. For a clearer understanding of this case, I will give a brief summary of it, before proceeding to address the effect of change of name of an existing company. MCSN went to Court to challenge and nullify the registration and approval of COSON by both the Attorney-General of Federation and Corporate Affairs Commission (CAC) on the ground that it had a prior and subsisting application for the reservation of the name “COSON” pending with CAC, when same was approved for COSON. The Trial Court agreed with them and gave Judgment on the 25^th of March, 2020. On this same day, COSON duly appealed the said Judgment at the Court of Appeal and equally filed an application staying the execution of the judgment pending the Appeal.

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by G.O. Sodipo

REVIEW OF MCSN v. COSON