AS COSON LAWYERS DEMAND =N=150 MILLION DAMAGES FROM THEM AND IVORY MUSIC FOR THE FREEZING OF COSON BANK ACCOUNTS OBTAINED FRAUDULENTLY
These are not the best of times for self-styled music man, Pretty Okafor who with Toju Ejueyitchie of Premier Music and Ivory Music in December 2018, went behind the backs of the leadership of Copyright Society of Nigeria (COSON) to obtain an ex-parte court injunction to freeze the bank accounts of COSON, the nation’s most admired organization in the creative industry.
On February 6, 2019, the tables were turned at the Federal High Court Lagos as Hon Justice Mohammed Hassan did not only discharge the ex-parte order, but struck out the entire case of Pretty Okafor, Toju Ejueyitichie’s Premier Music and Ivory Music. According to the judge, there was significant suppression of facts in the application based on which the order was granted and the court lacked jurisdiction to even hear the case. The decision of the judge has attracted wide jubilation among the members of COSON across the nation.
The big problem is that to obtain the discarded injunction, Pretty Okafor in his name and on behalf of Premier Music and Ivory Music swore to an affidavit in which they entered into an undertaking that they will pay damages to COSON if at the end of the day, it is determined that the injunction ought not to have been granted.
Now, the hunters have become the hunted. COSON lawyer, James Ononiwu of the famed Ikeja based law firm of the Whitedove Solicitors has written to Pretty Okafor, Premier Music and Ivory Music demanding from them the sum of =N=150 Million Naira in damages in accordance with their undertaking.
In the letters dated February 12, 2019, Mr. Ononiwu wrote, “There is no question that the Interim Orders of Mareva Injunction obtained by you and referred to herein ought not to have been granted as it was obtained fraudulently, with significant suppression and concealment of facts and is a product of a terrible abuse of the processes of the Federal High Court.
“As a result of the said Interim Orders of Mareva Injunction of 30th November, 2018, resulting in the freezing of the 1st Defendant’s bank accounts in Diamond Bank Plc, First Bank of Nigeria Ltd and United Bank for Africa Plc, the 1st Defendant has been subjected to a harrowing period and has suffered severe damages”
Mr. Oniniwu enumerated the damages to include the inability to pay staff salaries and allowances for a significant period including the Christmas Period of 2018 and New Year, 2019 and the mental anguish suffered by the over 4,000 members of COSON whose royalties remained unpaid as at the time due.
According to the COSON lawyer, “Consistent with the undertaking entered by you for damages, a condition under which the said orders were made, our client by this letter demands from the Plaintiffs the sum of =N=150,000,000.00 (One Hundred and Fifty Million Naira) jointly and severally as damages for the Interim Orders of Mareva Injunction of 30th November, 2018 which you obtained against our clients fraudulently, with significant suppression and concealment of facts and which is a product of a terrible abuse of the processes of the Federal High Court”.
In conclusion, Mr. Ononiwu wrote, “Be informed that if within fourteen days of the receipt of this letter, you fail, neglect or refuse to meet the demands of our client, our instructions are to use every process known to law to ensure that you meet your obligations to our clients”.
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