Facts:

This is an appeal against the decision of the Federal High Court sitting in Benin.

The gist of the case of the Appellant, as Claimant before the trial Court was that sometimes in 2014, the 2nd Respondent acting as an agent of the 1st Respondent issued out letters of demand on members of the Appellant requiring them to come and register their hotel businesses with them and obtain licenses from them or else face prosecution for violating the Copyright Act. The Appellants wrote their counsel to the 1st and 2nd Respondents explaining to them that their members are not engaged in and do not have facilities to engage in live reproduction of the works of artists that are registered with the 2nd Respondent. However, ignoring the above explanations, the 1st and 2nd Respondents enlisted the services of the 3rd Respondent and his agents and without complying with the provisions of Sections 25(1) of the Copyright Act, forcefully entered, searched the business premises of the members of the Appellants and forcefully removed several items from their business premises on the ground that they had refused to register with the 1st and 2nd Respondents, which they claimed was in violation of the provision of Section 15 (1) (g) of the Copyright Act. Faced with this unlawful actions of the Respondents, the Appellants commenced the Suit against the Respondents before the Federal High Court requiring it to interpret Section 15(1)(g), Section 38 (1)-(5) and Section 25(1) of the Copyright Act against the Respondents.

On the other hand, the gist of the 1st and 2nd Respondents’ case was that in line with the provisions of Section 15 (1) (g) of the Copyright Act, Cap C.28, Laws of the Federation of Nigeria, 2004 as amended, the 2nd Respondent on behalf of the 1st Respondent requested members of the Appellant to obtain music copyright license for the music they use in their trade or business and/or in support of such trade or business. The Appellant refused to comply with the request and rather proceeded to commence a Suit against the Respondents before the Federal High Court.

On its part, the gist of the 3rd Respondents’ case was that the 1st and 2nd Respondents petitioned the Appellant on a criminal violation of the Copyright Act of Musical Art without license to the office of the 3rd Respondent, which is an offence punishable under Section 20(1)(a) and (c) of the Copyright Act, leading to the Police invitation of the persons complained against for investigation. At the conclusion of the investigation, criminal charges were preferred against the suspects in the Federal High Court. However, while the said criminal charges were pending, the Appellants commenced the Suit against the Respondents before the Federal High Court.

The parties filed and exchanged affidavit and counter affidavit evidence as well as written addresses of their counsel and respectively adopted their written addresses. In its final judgment, the trial Court dismissed the Appellant’s claims against the Respondents in its entirety.

Dissatisfied, the Appellant appealed to the Court of Appeal.