Facts:

Facts:

The appellant sought and was granted leave by the Federal High Court, Lagos Division to file an application for the enforcement of its fundamental rights under sections 40 and 44 of the Constitution of the Federal Republic of Nigeria. Consequently, the appellant filed its application and sought among several reliefs, a declaration that sections 17 and 39 of the Copyright Act 2004 are unconstitutional, null and void in so far as they seek to abrogate rights of property that have been acquired or have accrued before the enactment of the Copyright Act.

The appellant alleged that it was the rightful owner, assignee and exclusive licensee of various intellectual properties and that it does not require a license from the respondent in order to carry out its business.

After hearing the parties, the trial court dismissed the application for lacking in merit. The appellant was dissatisfied and filed a notice of appeal at the Court of Appeal, Lagos Division. The respondent upon being served with the notice of appeal sought and obtained leave to file its notice in which it urged the court to uphold the decision of the trial court on facts other than that relied on by the court. The respondent contended that the action was wrongly instituted under the fundamental rights enforcement procedure and that the action ought to have been commenced by originating summons since the reliefs sought were mainly declaratory and concerns the construction and interpretation of statutes.

One of the issues raised and argued by the appellant was whether the appellant is required to be registered or approved by the respondent as a collecting society before it can exercise its right as owner, assignee or exclusive licensee of copyright in musical works in its repertoire by controlling their use or imposing conditions including demanding and collecting fees.