IBA/IJUBA IN SCHOLARSHIP IN LAGOS STUDIES.The Place of 

Intellectual Property and Copyright 

 

 

 

A PAPER PRESENTED 

BY 

 

PROF. SAMUEL JIDE TIMOTHY-ASOBELE 

DEPT. OF FOREIGN LANGUAGES 

(FRENCH UNIT) 

LAGOS STATE UNIVERSITY, OJO. 

 

 

 

 

COPYRIGHT 2022 

  



ACKNOWLEDGEMENTS (Iba/Ijuba) 

Charity, they said begins from home. 

I therefore acknowledge our amiable Vice-Chancellor, Professor (Mrs.) Ibiyemi Ibilola Olatunji-

Bello for giving me this academic space in the French Unit of the Dept of Foreign Languages in 

LASU. I say thank you Dean of School of Postgraduate Studies, Prof. Joseph Olagunju for 

availing me some of the policies Publications relevant to Plagiarism, Literature Review in his 

School. I express here the gift of LASU research policy last year 2021 in the month of November 

to me by Dean Prof. Tayo Ajayi. To my new Dean of Faculty of Arts articulate Prof. Moshood 

Taiwo Salisu for his Sagacity in ―washing‖ his research focused as well as sourcing an 

international Research focused Toyin Falola to feed us with academic meal only two weeks after 

his appointment. 

I say thank you to LASU University Librarian who led me to Prof. Joseph Olagunju for some of 

the materials I need for this Seminar paper. 

To my late Father and Mother and my Wife and Children. He, my Father, used to teach me: A 

little thing is a little thing faithfulness in a little thing is a great thing. Therefore, I list the 

following LASU main Library staffwho went from Shelf to Shelf to bring some needed books to 

my table since April 2022. I say thank you to Miss Adebimpe Adeyanju of Marketing Dept and 

Mrs. Christiana Aguda of the French Unit of LASU (they typed the manuscript). I say thank you 

to LASU librarystaffmembers: 

1. University Librarian    Dr. Emmanuel Layi Adebayo 

2. Deputy University Librarian   Dr. O. O. Makinde 

3. E-Library     Dr. O. A. Adeleke 

4. Readers Services Dept   Mr. F. A. Makinde 

5. Technical Services Dept   Mrs. A. O. Adegoroye 

6. E-Library     Mrs. Abiodun-Asanre 

7. Collection Development Dept   Mr. K. O. Akalumhe 

8. Readers Services Dept   Mr. S. Hunga 

9. Readers Services Dept   Mr. I. Anjorin 



10. Readers Services Dept   Adegbenjo Solomon 

11. Readers Services Dept   Agboola Olabisi 

12. Readers Services Dept   Nnanna Thomas 

13. Printer      Akinyemi Bola 

14. Security     Abugan Moses 

15. Collection Development Dept   Bokoh Mausi Ajouiyon 

16. Readers Services Dept   Abolarin David Olukayode 

Dayo Akanmu and Joy Odewunmi of Lagos State University of Education Ijanikin. 

Let the following LASU Lecturers I taught at UNILAG in the 1980
s
, 1990

s
, who are flourishing 

academically join me to say thankyou to LASU authority for granting me this academic space 

since 10
th

 of March 2022 to wit: Prof (Mr.) M. O. Ogunbiyi (Education Faculty); Prof Abolade 

Adeniyi (Dept of History and International Studies); Mrs. Aduke Shabi and Mrs. Dorcas 

Oyawole and last but not the least, Dr. (Mrs.) Olujare Adetola Oye of Dept of Foreign 

Languages (French Unit). 

  



 1 

Iba/Ijuba in Scholarship in Lagos Studies: The Place of Intellectual Property 

and Copyright 

Preambule 

In this preamble to our topic:  

Iba/Ijuba in Scholarship in Lagos Studies: Time to give back to the peoples of Lagos State; 

Lagos The Academic beacon of Nigeria, we shall use Langbasa and Cultural Quiz for Lagos 

State pupils and Students as our case Studies. 

Let us start by using Lagos State University, Ojo Research policy to strengthen our research 

work on Iba/Ijuba. 

Professor Olanrewaju Adigun Fagbohun in his 2019 foreword to University of Lagos Ojo 

Research Policypamphlet defined research in this term: 

―Research is Central and key to attaining the goals leading Universities all over the 

world.  Such world class Universities are at the forefront of developing and advancing new 

knowledge in all areas of human endeavor.  Research is also of paramount importance in 

TEACHING, LEARNING and delivery of community service.  World class universities not only 

pay attention to the research efforts of its academic staff but in addition, develop and implement 

policies to guide and regulate research activities.‖ 

 One then may ask what is the scope of the Lagos State University research Policy. 

Let us quote 2019 LASU Vice-Chancellor again for effect: 

 ―The Scope of the Research Policy is broad, encompassing principles of research, ethics, 

funding, INTELLECTUAL PROPERTY, (with copyright as a core element), capacity building 

and commercialization of research findings.  We are committed to supporting the highest Level 

of research and research ethics (which I interpret to mean frowning at plagiarism), ---- We want 

to impact our society through research and through thispolicy we hope that the quality of 

research will improve, that the research skills of our staff will be better and that our 



 2 

universitywill sustain and improve its ranking (not only in Legal Studies) within the global 

University Community. 

 LASU research Policy is to warn budding Scholars of the ills of plagiarism.  They are to 

pay homage to Senior Scholars from whose fountain of academic wealth they are drinking.  Just 

as junior Lawyers drop wig to a SAN in court as a sign of owing fealty to their Senior and elders 

and a captain in the Army pay homage to their general. 

 On pages iv and v of the policy such topics as academic authorship, Intellectual Property 

as well as copyright were thoroughly defined.  Thus, authorship implies responsibility and 

accountability for published work‖.   The manual also stated: While the University imposes no 

formal mechanisms for determining authority, it is the responsibilities of researchers to ensure 

that contributors who have made substantive intellectual contribution to a publication are given 

credit as authors.  Substantive contributors or other collaborators must be acknowledged in the 

publication.  This to be interpreted to me they must be acknowledged or homage must be paid to 

them as a Civilized Yoruba Minstrel Iba and Ijuba which is the kernel of this paper. 

 Lagos State University Research Policy further defined Intellectual Property and 

ownership of any creation or invention developed during an internship or research Project 

performed as part of a relationship with an outside entity should reflect the relative role and 

contributions of the student, the outside entity and Lagos State University to the creation of the 

work or the development of the invention. 

 On page 26 of the LASU Research Policy Copyright is defined as the ownership and 

control of the Intellectual property in original works of authorship which are subject to copyright 

protection.  The Policy made an inventory of works that are eligible for copyright protection. 

VIZ: as Literary works, musical works, artistic works, cinematograph works, sound recording 

and broadcast: All these works shall be the object of our investigation in this paper.  

Iba/Ijuba: A definition  

Let us attempt to define Iba/Ijuba (Homage, praise, acknowledgements, commendation etc.) 

within the Yoruba Civilized Cultural Patrimony. 



 3 

In their paper title: ―Iba (Homage): A Compulsory Ritualistic Performance for the Yoruba Oral 

Artists‖ published in 11S Univ JA vol 10 (3) 388-410 (2022), Dayo Akanmu and Joy Odewunmi 

wrote:  

―Iba (homage or Salute to authorities) is a quintessential mandatory ritualistic phenomenon in the 

traditional programme structure of the Yoruba Oral literature‖ 

In their study: Eight Yoruba Oral performances imbued with sufficient usage of Iba were 

purposely selected.  To stake a balance, four oral performances in texts from the work of 

Akinwunmi Isola (Sango Pipe), T.A Ladele and Dejo Faniyi (Ekun Iyawo), Lawuyi Ogunniran 

(Esa in Eegun Alare, Prose) and Oludare Olajubu (Esa) were considered for analysis.  The other 

form includes Iba in the musical works of Sir Sina Peter (Juju); King Wasiu Ayinde (Fuji), 

Ogunare Foyanmu and Alabi Ogundepo (Ijala). 

 The duo of Dayo Akanmu and Joy Odewunmi further opined that Iba is not a mere 

―homage‖ but traditional mandatory ritual which connotes respect, Obeisance, submissiveness 

and acknowledgement of all supernatural being (dead or alive) before any performance, the 

absence of which is responsible for social disorder in Yoruba contemporary society of today‖ 

 The duo almost make Iba into a Law by asserting ―Iba is a very prominent aspect of 

Yoruba Oral literature usually observed with utmost spiritual motif by the oral poets before any 

performance, unlike what is obtainable in the contemporary Yoruba society today, no traditional 

oral artist would embark on any artistic performance without appeasing the existing authorities 

be it seen or unseen in the ancient time. 

Quoting Adeleke (2009) and (2020) who avers that the exhibition of Iba in Yoruba 

proverbs is the most outstanding form of acknowledgements.  He avers that a proverb is often 

marked by some type of introductory formula like Yoruba bo or awon Agba bo (Yoruba elders 

say) and a closing formula like toto se bi Owe or Ko we maa je teyin agba (Regards since it is 

typically a proverb or may the proverb credited to you elders ____ previous Scholars. 

Samuel and Adekola(2018) hold the elders in honour because their approval of the 

performance of a novice show the elders favour to the novice performance in which they enjoy 

the delight and pleasure.Thereby a sign of promotion for the novices.  Isola (1976) for his part 



 4 

avers that Iba is the Yoruba way of acknowledgement of artist state and status of inferiority 

before the elder artist. 

And finally, the duo cited Orimogunje (2004) who attached spirituality to Iba.  Iba he 

avers will make the desire of the artist to come to pass immediately. 

Iba/Ijuba: In Yoruba Civilization 

 The Ijuba in Yoruba Civilization Academic Society: A treatise.  The term Ijuba (Iba) in 

Yoruba oral literature and academic society goes beyond the English translation: 

Acknowledgment.  Ijuba (Iba) in ancient Yoruba society shows the communality of Yoruba 

academic tradition.  Hence our decision to thoroughly flog the term in order to show young 

academic the reason for Ijuba (Iba) in Yoruba academic society. 

 The purpose of Ijuba (Iba) is to eschew self- commendation which is tantamount to 

pride.The act of commending people will continue to exist as long as man lives.  The society in 

which we live in creates a lot of room for self- commendation. 

It becomes a normal thing to publish one strength, sing one‘s self praise.  Let others praise you. 

Do not do it yourself and never ask for it.  That is why the civilized Yoruba approves of Ijuba 

(Iba) that sings the praises of the first creator of any cultural oeuvres. 

In the ancient Yoruba civilized society a literary creator pays homage to his predecessor.  Here in 

lies the Ijuba (Iba) to an a sun rara, Ijala chanters that first created a Dirge, Eleagic poetry for a 

long line of dead forebears. 

 This treatise made, we shall proceed to acknowledge the works of authors and writers 

who have written on the peoples of Lagos State. 

 We pay homage to Sierra Leonians and Brazilians how have amply contributed to the 

academic glory of 19
th

 century Lagos as Prof Michael Echeuroin his work on giving visibility to 

opera, writers, paintersarchitects,Lagos of the 19
th

 century has demonstrated. 

In the 20
th

 century we have Uthman Sodepo, Kunle Akinsemoyin, L.K. Jakande with his book: A 

Case for a Lagos State, published in 1966, Alhaji H.A.B Fasinro‘s work on the cultural and 



 5 

political history, LASU Centre for Nigeria General Studies with the contributions of young 

Lagos State academics to wit:  Prof Akinpelu, Adeniyi, Elias, Dr Habeeb Sanni and Animashaun. 

 The list of the 21
st
 Century Lagos State academics who have contributed to the growing 

list of well researched publications is legion.  We have in our Bibliography done justice to this 

aspect of our seminar paper.  

Iba/Ijuba: In All Ramifications Church, University, Plagiarism etc. 

Ijuba (Iba) can connote in the spiritual realm thanksgiving for God for a mightier gift from God 

Almighty.  When you say Thank you God by appreciating Him, He says Thank you back in 2 

Chronicle. 16 -7 Solomon offered a thousand burn offerings to God to say Thank you Lord for 

making me king.  In return, God visited him at night and said, ―Ask for whatever you want and I 

will give it to you.‖  

In Genesis 8:20-22 Noah offered a sacrifice to God in appreciation for sparing his life and those 

of his family members.  God responded by making a promise never to destroy the earth with 

water again and that seed time and harvest would never cease. 

 If you can just learn to say Thank you for all that God has done for you in the past, then 

you will get more in the future.  If you are wise, you can even thank God for what He is yet to 

do.  You can be sure that His response will be very big indeed.Psalm 107: 22 talks about 

sacrifice of thanks giving.  Open Heaven 2022 13
th

 June. 

Iba/ Ijuba: Gains/Benefits 

 What you gain when you raise praises.  Even in the house of God, God inhibits the 

praises of his people.  This is, because praises promote worshippers. 

In whatever field or profession,you operate in, if you know how to really praise God, He will 

raise you to be number one.  Pastor Enoch Adebayo testified that one day a pastor came to him 

and said, Daddy, I think I have discovered the secret of your tremendous success in ministry 

when you get to the Alter to preach, before you start at all, you first sing praises to God and then 

you EULOGISE Him.  Until his presence comes down mightily, then you go ahead and preach.  



 6 

Oh, you got it. Go back home and start doing the same.  I know if I can praise God nonstop then 

he will keep lifting me higher. 

 Blessing, glory, wisdom, thanksgiving, honour, power and might be unto God forever 

and ever Re. 7:12. 

Like novice in the entertainment profession, we need to give IBA/IJUBA to higher authority as 

you do to God, Praising Him the way He really should be praised, just keep praising Him and 

like Sina Peter you will discover that doors that were erstwhile shut will begin to open unto you 

and soon, you will be number one in your field. Open Heaven 2022 Tuesday August 30
th

. 

Iba/Ijuba in the University System 

Iba/Ijuba in the AcademicCommunity is an important ingredient to the holy order‖ of 

commending higher authority in all academic writings.  Thus,in page 5 of Lagos State University 

Pamphlet titled.  The postgraduate school guideline for Writing Project Reports for Diploma and 

Theses for higher Degrees for Lagos State University 2019 it was stated in: 

Review of Literature 

This section shall highlight the work of previous researchers/workers in the student‘s area of 

research carried out anywhere in the world.  At the end of the literature review, a student should 

be able to clearly indicate the exiting gap in knowledge which he/she intends to fill with the 

research work he/she has embarked on.  Review of literature is therefore tantamount to homage, 

acknowledgement of senior researcher whose works are guiding the direction of new innovation, 

scientific breakthrough the young scholar is seeing as model to emulate and follow. 

In this era of plagiarism, Lagos State University frowns at academic borrowings not 

acknowledge. 

In Lagos State University, Ojo Postgraduate School Internal Memorandum Ref 

LASU/PGS/SEC/22 dated 9
th

 August, 2022 addressed to me by the Principal Registrar/Ag. 

Secretary Postgraduate School it was stated: 

 



 7 

RE: PLAGIARISM POLICY 

I have been directed by the Dean, Postgraduate School to respond to your request on 

Postgraduate Policy on Plagiarism as follows: 

 It is imperative to subject all postgraduate theses, Dissertations and other research reports 

to plagiarism checker. 

 The plagiarism level on any research work should not be more than 20% 

 The PLAGIARISM checker approved for use at the Lagos State University is: Get it  

Right [LASU PLAGIARISM CHECK]. 

Thank you, Sir, 

ODUYOMI. O.A. 

Unilag Academic planning Unit Internal Memos of 9
th

 January 2014 and 18
th

 March, 2014 

eloquently paid homage to my work titled. 

Finalisation of Entire word-list of Entries for the Kabba – Yoruba Dictionary thereby 

encouraging young academic to undertake award-winning research work.  Just as this Unilag 

Radio broadcast to Nigerian listeners our year of academic fecundity and blossoming 

academically.  

One of the greatest Iba/Ijuba in the Protestants Hymn books is this: paying homage to God 

Almighty: HymnAncient and Modern 185 

Praise to the Holiest in the height, 

And in the dept be praise; 

In all his words most wonderful, 

Most sure in all his ways 

 

Other Iba/Ijuba first lines in Ancient and Modern go thus: 

Praise, my soul, the king of heaven (365) 

Praise o Sion, praise they master (622) 



 8 

Praise o Praise our God and king (481) 

Praise the Lord of heaven, praise Him 

In the Height (381) 

Praise the Lord, yea heaven adores him (368) 

Praise to God immortal praise (485) 

Praise to the Lord, the Almighty the  

King of creator (382) 

 

In Methodist Hymn Book (548) we have: 

All things are possible to me. 

We can in addition add: 

In Christ alone my hope is found 

He is my light, my strength, my song 

The cornerstone, this solid ground 

Firm through the fiercest drought and storm 

What height of love, when depths of peace 

When fears are stilled, when strivings cease 

My comforter, my all in all 

Here in the love of Christ I stand. 

 

Ebenezer Obey and Sunny Ade have exploited these protestant Hymns and adapted them for 

good use in their album: The Album Iba to God Almighty attests to this: Iba fun EledumareBaba, 

so is his Omode Ilu mojuba, Agbagba ilu mo juba o. kiba kiose iba o.  Iba re Jesu Iba re o Baba. 

His album Board member is a masterpiece of Iba.  

Iba/Ijuba in Yoruba Cultural Patrimony 

There are several layers of Iba/Ijuba in Yoruba cultural patrimony. 



 9 

Iba to Kings 

We have explored the Ijuba/Iba to ancient Alafin of ancient time which led to the gift of 

Princesses to the chanter to the point of pledging half of his vast Oyo Kingdom to the chanter, 

before the Alafin subjects asked for the exile of the chanter.  His eloquence has turned to national 

security risk. 

Iba/Ijuba by an apprentice. 

We have listed the homage of an apprentice to his famous mentor to elicit promotion to the rank 

of great Ijala chanter for example  

Iba by Apprentice Babalawo to the forces of the universe for protection.  

The example of late Pa Ojo Osanaiye Obarokan of Kabba at the start of his divination which he 

used to start in those good old days: 

 Ile ogere afoko yeri 

 Mo juba Akoda 

 Mojuba Aseda  

 Mo juba Olorun Eledumare 

 Akoda Aseda 

Iba/Ijuba in Oriki (Praise names) 

We have for example detailed out family Orikis in Langbasa V 12 

Oriki (Langbasa – Okun l‗olori omi 

Oriki o loto, oriki Oba O loto, Oriki Oloye Ojora, Oriki Aro Ojora, Oriki Oba Oyekan, Rilwan 

Oriki Egungun Akirijagiri Bi Ogun, Salami Smith, Oriki Pa Kinyomi, Shinaba Oriki Eko, Oriki 

Igun nu etc. 

Ijuba/Iba of artists in N.E. Yorubaland the Kabba example 

In the important Yoruba town of Kabba, musical minstrel like Emmanuel Oliye an Odo-Aganmo 

district Sakara musician tutored his apprentice of OMO ALAGODO Group in the art of Iba Ijuba 



 10 

in the 1950
s
/1960

s
 in their chant that goes thus: Paying homage to their leader they entone the 

name of Emmanuel thus: 

 Emmanu Oni moto yen 

 Lo ko wa lere. 

The Aworo Oko Ijeni (Janet‘s husband) and Mr Bimbim of Odo-Akete also have their 

apprentices chant homage to Aworo thus:  

Aworo Oko Ijeni 

 Oun lo kowa pe 

 Oko e do ko 

 Lai ma sise 

 Mari temi se 

Another artist at Oke koko district of Kabba ledby Kolade chant homages to their leaders too. 

 Olule re  

 Mojuba o                   2ice 

 Iba Olule 

Iba/Ijuba by The All-Women Woro Musical ensemble of Kabba 

We have written extensively on KabbaAll Women Woro Musical ensemble in our works: 

Historical Trends of Nigerian indigenous and contemporary music, Kabba: A Play, Nigeran 

Dances and Theatre, Essays in World Theatre, Cultural Quiz for Kogi State pupils, and St Esther 

Ibirewo (The Biography of One of the leaders of Kabba All WomenWoro musical Ensemble).  

One of their master pieces is Ope, thanks giving melody. 

Ope emo seun o 

Omo selika 

Omo seun o 

Ope emo seun o 

Thus, during the funeral obsequies of Late Ma Esther Ibirewo theMatriarch of Odo-Aganmo 

district of Kabba in December 1989 they eulogized her with this melody. 



 11 

OLAJIDE thus: 

Ohiye rimirim 

     Ohiye tegbeduru 

     Olajide mo muye 

     Kee hon hi 

To be interpreted to mean.  Lajide‘s last homage to Ma Ibirewo was one in town.  

Iba/Ijuba in Langbasa 

Right from the preface of Langbasa, through Acknowledgements pages, Langbasa is strewn with 

Iba/Ijuba to H.E. Professor Oluyemi Oluleke Osinbajo (GLON, SAN); Lagos State Governor: 

Babatunde Aremu Osuolale Akiolu 1; Prof Ibiyemi, Ibilola Olatunji – Bello  mni, fphysiol (uk) 

FPsn, FEnv, Vice chancellor, Lagos state University, Ashiwaju Bola Tinubu and Babatunde Raji 

Fashola HE Ambode former Governors of Lagos State, Prof Ekundayo Simpson former 

commissioner of Public Transport/Education, Engineer Anthony Olufunso Williams, Honourable 

commissioner for Works; Dr Babatunde Julius St Mathew-Daniel former commissioner for 

Commerce and Industry, Pa Babatunde Kinyomi, Board member of Lagos State library Board 

(1995-1999) Dr Oladepo Alaka, a LASU Legal Luminary, Dr Habeeb Abiodun Sanni, one of the 

foremost Lagos State history Scholar, Bernaderie Evaresto, Britain Yoruba Literary Colossus; Dr 

Simisola Olayemi Onibuwe-Johnson, former Federal Ministers.  Mrs. Eniola Fadayomi former 

attorney – General and Commissioner for Justice, Lagos State, Mrs. Modupe Folashade 

Adeogun, former Commissioner for Information and Culture, Mr. HAB. Fashinro and Governor 

Ambode; Brazilians and Sierra Leonia Education and Cultural Artists of 19
th

 Century Lagos, 

Prof G.O.Olusanya for his portrayal of Herbert Macaulay and Educationist Henry Carr.  

Homage was made in Langbasa of kings of Lagos 1630-1997, members of Lagos State Council 

of Obas and Chiefs, The Last Governor-General of Nigeria: Sir James Robertson (1955 - 1960), 

Lagos State House of Assembly members, Lagos State Attorney-General since 1967 – to date, 

Alhaji Lateef Kayode Jakande former civilian Governor of  Lagos State (1979-1983) 

Muhammadu Ribadu 1
st
 Republic minister of Defence and Lagos Affairs,  Akinwumi Ambode 



 12 

Lagos State Governor 2015 -2019, Dr Idiat Oluranti Adebule former Deputy Governor, Lagos 

State (2015-2019); Homage by Oriki to some Lagos families, Oriki of Adamu Orisha, Omo 

Balogun Ajikobi a formost Scholar and Research on the history and culture of Lagos who was 

until his death 2019 on the state of Unilag Department of African and Asian Studies, of Tunji 

Dare, a Professor Emeritus and the first, First class graduate of Unilag department of mass-com 

in December 1974, Sir Dr Claduis Afolabi Alaja- Brown (KCW, Ph.D Music) Organist of 

Methodist Church Lagos. Chief Olufunsho Akinyemi Akindele, Deputy General Manager Daily 

Times 1979.  Mr Tani- Olu, General Manager perpetual at Kakawa street Daily Times Late 

Madam Omofemi Obatolu of Agbole Ojunrin Lagos, Prof Paul Omo-Dare Deputy Provost 

College of Medicine Idi-Araba Lagos, Late Rt Rev T.E Ogbonyomi concentrated Bishop of the 

North Anglican Communion at Christ Cathedral June 1976. 

Mazi Asonye Mba-Ugbemena a foremost Scholar on Igbo Studies at Unilag Dept of African and 

Ascain Studies – University of Lagos was roundly acknowledged in this monumental work for 

giving me employment in the Department of European Languages in 1981. 

Iba/Ijuba in Cultural Quiz for Lagos State Pupils and Students. 

Most of the Iba/Ijuba in this cultural and Political Quiz for Lagos State pupils and Students 

focused on the works of eminent authors of books we read and consulted when compiling this 

Quiz books.  Most of them, their names have appeared in the large bibliography to this work. 

The authors of the Peoples of Lagos State edited by Prof Ade Adefuye, Jide Osuntokun, Agiri- 

Johnson, Prof Abayomi Akinyeye for his work on the architectural Brazilian wonders in Lagos, 

Institutional works on peoples and culture of Eko, Lagos culture Traditional arts/crafts, Books by 

Lagos government parastatals on Tourism and Tourist attraction in Lagos chambers of commerce 

in Lagos, HAB Fashinro‘s book on Politics and history of Lagos, Uthma Sodipe book 30 years of 

Governance in Lagos State from Johnson to Marwa. Books on Lagos Colony in the 1800 as well 

as colonial Lagos, The National Theatre, Yoruba cinema of Nigeria written by me; Who are the 

Lagosians by Akinsemoyin, Books on Brazilian Cultural Presence in Lagos in the 1850s, the 

Press in 19
th

 Century Lagos, Lagos Scene in the 19
th

 Century Lagos intellectuals by Michael 

Echeruo Lagos Musical Culture book, the Religion and Culture of Lagos, the oldest kingdom of 

Lagos. 



 13 

A general outlook of Yoruba belief system: The place of Iba, Ijuba, respect, homage, etc. 

Iba/Ijuba is one of the greatest Yoruba belief systems and is one of the Yoruba contributions to 

culture and ethical practices of the Yoruba. It is also one of the Yoruba‘s contributions to world 

civilization. An infraction to his cultural imperative is tantamount to disrespect of elders and it is 

called a wayward behavior which is usually met with punishment because it is a display of lack 

of belief in what the Yoruba call Iwa Omoluabi. 

For example, in ancient Palestine in the book of Genesis 47:29-31, Israel, (Jacob) had made 

Joseph to swear solemnly to bury him in Canaan. 

In Genesis 49:29-50 this request was repeated. In Yoruba nation, it is a generally accepted 

custom that people should be buried in their home towns. This is a cultural norm of olden days 

Yoruba. That is part and parcel of Yoruba belief system. In late 1950s the Orimolusi, the 

paramount ruler of Ijebu Igbo was involved in aircraft mishap and he lost his life. It was reported 

he resorted to the spiritual ‗Egbe’ to transport him back home to no avail. But the elders and 

witch doctors of Ijebu Igbo did the needful and his remains was brought home. Because the 

Yoruba belief system is that the remains of an Oba cannot be left in a foreign land. An album 

was even waxed in late 1950s to celebrate this mishap to wit: 

Ijebu Igbo Eseun seun 

Ema ku eto, eto ti ese 

Tie fi gbe okure wale 

Ema ku eto 

Wolori Oba kin ma un 

Sungbo won gbede 

Won lori Oba kin ma un 

Sun odan wongbe bo. 

Fulfilling a father‘s wish is the hall mark of an Omoluabi in Yoruba belief system. Omoluabi is a 

core value system the Yoruba child rearing. It points to the civility which is the Yoruba civility 

or call it the civilized Yoruba mode of behavior. 



 14 

 In (Timothy – Asobele 2014:75-76) the child, for example in Kabba is a reflection of his home. 

If he behaves badly the elders will ask Omolaunlo? whose child, is he? Those children who 

respect young and old particularly when placed in position of authority over them, transparent, 

accountable, eschewing stealing, are called Omoluabi. But alas! Western norms and values have 

crept into our culture and created a class of culture thus destroying our concept of Omoluabi. The 

child rearing moonlight oral narratives session on our moral values in an informal education 

home setting are gone. 

In Kabba language, onomastic: science & names, the concept of Omoluabi is the foundation of 

child christening in the olden days. Thus, we have a recurrent tradition of Iwa coming into pre-

eminence in child baptism in Kabba to wit:  

Aderewa, Iwalewa, Omolewa, Iwaginle, Iwalaiye, Iwamide, Ibirewa, Obahunwa, Obanewa, 

Ojulewa, Omoniwa, Onihunwa, Ewohunwa.  In Timothy A Awoniyi (1975: 357-384) he asserted 

in his paper: Omoluabi: ―The fundamental basis of Yoruba Education‖ the principles of Yoruba 

Education are based on the concept of Omoluabi. The end product of education is to make an 

individual Omoluabi. To be an Omoluabi is to be of good character in all its ramification. Good 

character in the Yoruba sense include respect for old age, loyalty to one‘s parents and local 

tradition, honesty in all public and private dealings, devotion to duty, readiness to assist the 

needy and the infirm, sympathy, sociability, courage, and itching desire for work and many other 

desirable qualities. 

Germain to our topic is the fact that Yoruba child is taught to respect the past: it is a cardinal 

element, according to (Timothy A. Awoniyi 1975:381) of Yoruba education to honour the past 

before embarking on a new assignment. Thus, a Yoruba person acknowledges all precedent and 

all higher authorities before any undertaking. 

Mo juba 

Mo juba Akoda 

Mo juba Aseda 

Ibaa pete owo 

Iba pete ese 



 15 

Iba ate lese ti ogbodo hu irun 

Ewure wole ko juba, ni wonba mun so 

Aguntan wole ko juba ni won bam un so  

Agba to ba wole ti ko juba odi mi mu so bi eran 

Mojuba kin ma baa denimimu so 

I pay my respect and honour 

I pay my honour and respect to Akoda 

I pay my respect to Aseda  

 

Oriki: source of Ancestral Ijuba, Iba andforebearsachievements in Africa. 

Let us first and foremost draw our example of the delight or pleasure derivable from the chart of 

Oriki in faraway Guinea Conakry: in the work of Camara Laye titled: African child. 

 In the passage where an influential woman of worth and self-esteem visited Camara Laye‘s 

father in his workshop to fashion out her gold earring for the Tabaski’s celebration, (Ileya) in 

Yoruba language, the little boy affirmed the delight he received when the griot, the praise singer, 

the influential woman brought. He tuned his Cora, natural guitar and reeled out praises of 

Camara Laye‘s forefathers, their achievements. Little Camara Laye was elated to hear such great 

deeds and exploits of his descendants.  

Professor Bolanle Awe and professor Adeboye Babalola in their papers titled: ―Notes on Oriki 

and warfare in Yoruba land‖ and ―The delighg of Ijala‖ respectively on pages (258-291) and 

pages (630-675) respectively aver that: For the Oriki constitute an oral source whose significance 

within the context of Yoruba culture extends even to Yoruba warfare. According to the 

traditional bards, the purpose of the Oriki is to preserve a record of the past (like Camara Laye 

example quoted above) and to spur listeners by such recital to greater achievement in emulation 

of their ancestors. Professor Awe cited instances of recitation of the god of iron and war Ogun‘s 

Oriki, Oranmiyan‘s Oriki, Obokun‘s Oriki, Balogun Ogunmola‘s Oriki Aare Latosa‘s Oriki, 

Balogun Ibikunle‘s Oriki of Ibadan, Ogedengbe of Ekiti Oriki, Arinnioro and Ogunmodede of 



 16 

Ilesha Oriki, Fajembola of Oye‘s Oriki ele. They are men for whom were reserved the allegiance, 

admiration and respect and influence given to the leaders in a given community. 

In his own paper; Adeboye Babalola stated: what do the Yoruba enjoy in Ijala or what are the 

delights of Ijala. Camara Laye whose father is a worker in Ogun iron furnace workshop in 

Guinea Conakry town of Kourousso explained that the recital by the griot the achievement of his 

great forebears was pleasurable to him and was his delight. The session of Oriki therefore by 

either the griot or Yoruba chanter detailing the Oriki of warrior ancestors of the Ibadan, Ekiti 

was an occasion for spiritual pleasure and delight. 

In my book ―Langbasa‖ we have detailed that the Oriki of many influential citizens of Lagos 

from page 1 to page 2 of 2001 edition of Langbasa from page 141 to 155 of 2022 edition. 

In his book ―Features of Yoruba Oral poetry‖ Olatunde O. Olatunji detailed the following as 

constituting Yoruba Oral poetry: Oriki: Yoruba praise poetry; Ese Ifa: Ifa divination poetry: Ofo: 

Yoruba incantation; Owe and Alo Apamo, Owe: proverbial expressions (Olatunde O. Olatunji: 

1984: 67-189) Ulli Beuer in (Adebisi Afolayan 1982:57) classified Yoruba poetry as including: 

Oriki, Ese ifa, Owe, rara, Ijala, ewi, ekun iyawo, and alo apamo. Babalola added the following as 

genre of Yoruba poetry: Ofo or Ogede, Esa and Iyere Ifa. (Olatunji 1982:57-58) wrote that Rara 

is chanted by men and wmen, old or young for entertainments on social occasion. Ijala is 

performed by hunters and devotees of Ogun (Yoruba divinity of Iron. Ewi or esa is chanted by 

masquerade while Ekun Iyawo is sung by brides on the eve of their marriage. Iyare Ifa is chanted 

by devotees of Orunmuila, the Babalawo when they come together on festive occasion.  

In Egbaland Ege is popular much more akin to rara. Alamo among the Ekiti, Olele among the 

Ijesha. Several Yoruba researchers such as Adeboye Babalola, Olusoji, Ogunbowale on Egba 

oral poetry, William Bascom and Wande Abimbola on Ifa literary corpus. Others are Afolabi 

Olabintan, Oludare Olajubu.  

Adeboye Babalola (Adebisi Afolayan 1982:71) avered that in honour of each progenitor of the 

Yoruba people. There is a traditional verbal salute called ―Oriki Orile‖ which is suitable for 

performance in more than one style of Yoruba spoken art. When performed by Ijala artists, these 

verbal salutes become Ijala chant. 



 17 

Training of Oral Tradition/ folklore artist 

(Timothy- Asobele:2021: pp93-94) we also learnt that it takes the Yoruba Ijala chanter twelve 

years to train the young, six years old apprentice and that memorizing and the use of Isoye, a 

medicinal herb helps the young student to have a retentive memory while the main mnemonic 

device used by the Ughoro (Edo court poets) to facilitate remembrance was the figures of kings 

which were molded in clay and preserved in a special chamber according to their order of 

ascension. (Isedore Okpewo 1992:2022) avered that the piece of oral folktales had passed 

through so many generations of transmission that it was no longer possible to speak of one single 

author. He opined that training does not always happen in a conscious or formal way, but in 

many cases a well-organized training will lead to art of truly professional excellence. Let us 

quote Okpewho and Babalola on training of oral tradition of folktale artists. 

Training and preparation 

To be an accomplished oral artist, some form of apprenticeship or training is necessary. 

Essentially two kinds of training are involved in the development of the African oral artist: 

informal and formal. Informal training entails a kind of loose attachment whereby future artist 

happens to live or move in an environment in which a particular kind of oral art is practiced and 

simply absorbs the skill in it as time goes on. It is possible, of course, for a person to live forever 

in such an environment and not develop the skill; one‘s mind or nature has to be predisposed 

toward art before the skill can successfully take root. 

Training in Yoruba society 

Two examples come from the Yoruba of Western Nigerian. The first relates to the training in 

Ijala, or hunter‘s poetry, and we may best cite the description of the process by the authority in 

the subject, Adeoye Babalola. We are first told that for the training to be successful the pupil has 

to show a deep interest in the chanting of Ijala poetry, even if he is going to be taught by his own 

father. This apprenticeship begins, in most cases, in early youth (about the age of six) and lasts 

about a dozen years. Babalola describes the major stages of this training. 

―The first stage of pupillage is a period of merely listening to the Ijala chants performed 

by the teacher in his own house as well as at every social gathering where he entertains people 



 18 

with Ijala. The pupil first imitates his teacher when he, the pupil, is on his own and thus he 

praises Ijala-chanting. Subsequently, when he is at a social gathering as the asomogbe or elegbe 

(pupil) of his master, he is able to repeat the words of his master‘s chant almost simultaneously 

and the sound of the Ijala performance then resembles that of choral chanting. The third stage is 

when the master orders his pupil to give solo performances of Ijala chants at social gatherings to 

which he has taken him. This is obviously a sort of promotion, for the pupil ceases to provide 

merely an accompaniment to his master‘s chanting voice. (1966: 41-42). 

After he has gained confidence as a performer, the Ijala poet ultimately sets up on his own, 

parting ways with his master either with the latter‘s consent or without notice (fearing that his 

master may not voluntarily release him). Babalola concludes his discussion of the training of the 

Ijala poet with a question: how is the poet able to retain so much text in memory and perform 

steadily without faltering? To this question there is usually a twofold reply. First, practice makes 

perfect: constant repetition helps the artist to master the text so well that the chances of error are 

drastically reduced. Second, the chanters admit that they make use of various kinds of medicinal 

charms (called Isoye) which aid in the retention of memory. These charms come in the form of 

magical chants, which are said to instill retention, or of powder taken with food and drink or 

incised into the poet‘s bloodstream with a barber‘s knife. Through these various forms of 

preparation- i.e., the more practical steps of careful apprenticeship and the less obvious powers 

of traditional magic – the future Ijala poet is equipped with the skills he needs for the rather 

complex demands of a public performance. 

The Griot as a Musician, Poet and Actor 

Let us look at the griot in his roles as a musician, poet, and actor. The griot is not a simple 

musician. He is a dynamic person whose strength of character has an influence on the people 

around him. With his cora or harp, he can compel the unaware to give him as gifts not only their 

dresses, houses, wives but also their land (perhaps figuratively). He can therefore very easily 

pass for a magician by way of his dynamic bahaviour, with the aid of his sweet tongue. 

Lilyan Kesteloot alludes to this magical trait of the griot‘s in Dan Monzon de; Segou Epopee 

Bambara: ―While the griot, from the historical subject, just wants to narrate: his aim is aesthetic: 

his qualities are not precision or exactitude, but flowery language. That is why he develops in his 



 19 

story, what strikes the imagination… he seeks to capture the intelligence of his listeners by 

allusions concerning them or their daily lives… he finally chooses the words that flatter the ear 

and the mind; imagery, repetition, comparison, onomatopoeia, on a sustained rhythm hammered 

and accompanied by the guitar and the assonance of stanzas.‖ We have cited little Camara 

Laye‘s encounter with the griot. 

This dynamic role of the griot musician and official praise singer is depicted in the, second 

chapter of African Child by Camara Laye. In this scene, Camara Laye talks of the women who 

bring gold to his father. Since these women are aware that they are neither the first to be served 

by Camara Laye‘s father, they use the services of a griot, the master singer in the pejorative 

sense of the term. On the tricks of these women, Camara writes: ―in order to improve their 

chances of being quickly attended to, in order to make my father interrupt in their favour, the job 

in progress, they use the services of an official praise-singer, a griot, in accordance with how 

much his services are worth to them.‖ 

Here we touch on an aspect of Guinean etiquette. The reward being discussed here has nothing to 

do with that caste of ―professional musicians who live off the backs of others‖ which D.T. Niane 

mentioned in his foreword; neither with ―those numerous guitarists who populate our cities and 

sell their music in recording studios of Dakar or of Abidjan.‖ This etiquette also exists among 

Yoruba praise singers (two Yoruba panegyric genres) to whom a powerful ruler of the ancient 

kingdom of Oyo suddenly gave his daughters, land and gowns, when the praises went to his 

head. The griot had to be exiled by the citizens so that he would not pauperise the king by the 

force of his words. It is important to note that the prosperity of a Yoruba griot depends on his 

mastery of the panegyric genre. This is what Mr. Olajubu wants us to know when he writes: 

His prosperity as an artist also depends largely on its as Yoruba tradition enjoins an individual 

whose ―Oriki‖ including the ―Orile‖ is being chanted to react promptly by giving the artistes 

gifts of money and materials according to the strength of his purse. 

Camara Laye did the same thing when he paid a visit to the master of the word in May. 1963. He 

says in the Master of the Word, an important personality, recommends that ―we offer to our 

Fadam host ten white colanuts, important currency in Guinea hospitality, and a sheep or its 

price.‖ The role of the griot in the workshop of Camara Laye‘s father is, before anything else, as 



 20 

it is with Moliere, to please. This is done by singing praises of the forebears of the goldsmith. 

The style chosen fits the occasion. He uses, in an indiscriminate manner, mythology, history, 

legends and praises, while talking of rea heroes who performed exceptional feats and from whom 

descends Camara Laye‘s father.  

―The Griot sat down, strummed his cora, which is our harp and began to sing praises of my 

father. For me, this singing was always a great moment. I heard the feats of the ancestors of my 

father being narrated in a chronological manner. As each stanza ended, it was like a great family 

tree that stood tall with its branches here and there with its hundred leaves and leaflets in my 

mind. The harp sustained this vast nomenclature trimmed and cut in low and high notes.‖ 

It is proper that Camara Laye loves ―this great moment‖ and that his father is well pleased. It is 

rather sad that the reader cannot taste the joy of the griot‘s chants with Camara, who had a 

firsthand experience of it. If performance is the substance of the griot‘s art, the written version 

faces problems among which is this: the author has been unable to transcribe the text of songs of 

the griot, neither has he been able to set them out separately. 

Indubitably, the griot is a dynamic element of this peaceful Malinke society. He is a storehouse 

of knowledge. This realization makes Camara Laye pose the question: ―Where does the griot get 

his knowledge from? From a well and assuredly exercised memory, particularly fed by his 

predecessor and which is the foundation of our oral tradition.‖ 

To the above question, Camara Laye gives a plausible answer in his work The Master of the 

Word, which he wrote more than 16 years (1978), after The African Child, written in 1963. 

Because the author states that the knowledge of the griot is the foundation of our oral tradition, 

this means that it was passed down from one griot to another and from one generation to another. 

Tingui, the occupier of the history chair of the whole Kouroussa Region, Camara Laye writes: 

There is no doubt that he derives his knowledge from his father, who in turn had it from his 

father. The forebear of Babou Conde, Fremorei Conde was the griot of Imouraba Keita, son of 

Manden Bory, founder of Hamana, Kouroussa, Guinea. He came from Manden with his griot. It 

is from this distant past that the males of the Conde tribe of Fadama became well versed, from 

childhood, in art of speech.‖ 



 21 

The author knows that it is the job of the griot to flatter because he has overpriced the women‘s 

trick to bring a griot‘s father‘s workshop. This trick of flattery has paid off. Camara‘s father 

gives in favourably to the request of the women. Camara Laye has asked a very important 

question concerning the maintenance of this oral tradition. He asks whether the griot ―will add to 

his story. It is possible. It is his job as griot to flatter! He must not however mislead tradition too 

much.‖ The answer to these multiple questions. For the Yorubas, according to Professor S.A. 

Babalola, the god of war, Ogun, is the patron of the poetic genre.‖  

“No hunter can validly claim the authorship of an Ijala piece which he is the first to chant. the 

god Ogun is the source and author of all Ijala chants: every Ijala is merely Ogun’s mouthpiece. 

Certainly, there are new Ijala chants created by hunters from time to time.” 

The above quotation is authoritative, because professor S.A. Babalola is by right the most 

knowledgeable in the Ijala genre. If there is an absence of diverse versions, it is because oral 

tradition seldom lends itself to several interpretations. The griot can still afford the luxury of 

leaving his mark on the performance of his art, with the aid of gestures, musical instruments and 

hand clapping. All these additions highlight the dynamism of the griot in his community. It is 

this dynamism that makes the work of Camara Laye‘s father easy, because both he and the griot 

participate effectively in the job. The griot appears to us as a possessed person: 

―He picked his guitar in an inspired manner; he warmed himself as if he were the artisan himself; 

even my father, it was as if the jewel were born from his hands. He was no longer the hired 

flatterer, he was no longer the man whose services could be hired by just anybody; he was a man 

who created his chants from an all interior need.‖ 

The atmosphere is charged, because poetry has given way to dance as engendered by the 

―douga‖, that song, that is sung only for great men and danced only by these men. It is the griot 

who is master in this genre called douga. We are now therefore in the domain of theatre where 

song, music (of the cora) and dance (the douga) take the lead. It is a dance of supernatural being 

and it never fails to unleash malevolent spirits. To dance it, Camara‘s father is armed with 

charms and amulets in order to make himself invulnerable to evil djinns. Thus, he dances the 

glorious dance: hence, the Ijuba of the Yoruba poets to principalities and powers. 



 22 

―No sooner had he finished, when workers and apprentices, friends and clients while waiting for 

their turn including the woman who owned the jewel, all gathered around him, complimenting 

him, showering praises on him and at the same time saluting the griot who was showered with 

gifts which are almost his only possessions in a nomadic life comparable to minstrels of old 

times. Beaming, warmed by the dance and praises, my father offered every person colanuts, the 

small change of Guinea hospitality. 

These scenes show, in an indubitable manner, the dynamic roles griots played in Mandingo 

society. The fact that he is rewarded shows that he is very much appreciated in his social milieu 

– where he is by turns, he is the occupier of the history chair, official praise-singer, singer, ―hired 

flatterer‖, ―talking documents‖ and a great musician and mobile troubadour. 

In modern Nigeria for example, Sunny Ade and Ebenezer Obey enjoy the same popularity that 

the griot halcyon days enjoyed. 

Copyright in Traditional African Society 

The big question now is:  

Does the notice of copyright exist in traditional Yoruba oral literatures? Yes, this is done through 

Ijuba which means homage, acknowledgement of the first creator of the chanted piece. 

What is Oral Literature? 

(Timothy – Asobele 2013: 14-15) quoting prof. B.O Apkorobaro‘s book titled: Introduction to 

African Oral Literature, Timothy – Asobele asserted that oral literature or folk literature refers to 

the heritage of imaginative verbal creations, stories, folk-beliefs and songs of pre-literate 

societies which have been evolved and passed on through the spoken word from generation to 

another. Prof. Akporobaro offered more insight into oral arts. This includes the following: 

1. The corpus of artistically significant verbal expressions evolved by a group of people and 

transmitted orally from one generation to another. 

2. The creative expressions (such as folk tales, myths and legends, proverbs and songs) 

composed in traditional or primitive societies and pass on from one generation to another 

by word of mouth. 



 23 

3. The totality of verbal expressive forms and beliefs evolved in tribal societies for social 

entertainment and for the ordering of society and pass on orally from one generation to 

another. (Here Victoria Ezeokoli‘s Tales by Moonlight is a series of such adaptations for 

the NTA for the purpose of education and entertainment of our children – some 

sequences teach morality, good conduct. The rural areas societal norms are taught to our 

children during such moonlight role playing model of moonlight marriage. They are part 

of sex education, part and parcel of child socialization process. Prostitution is frowned at, 

so divorce, adultery, fornication while virginity is highly esteemed. So, through this 

societal behavior modelling plays the community assures a generation of CHASTE, and 

morally upright youths. Sugar-Dadism which amounts to adult delinquency is unknown 

in the rural areas where in order to forestall such evil polygamy is enthroned to keep 

lecherous tendency at bay. 

Masking Tradition in Kabba City 

Our mask/masquerade tradition of Egunrodo WABO by the Idamoris in Kabba are aspects of 

total theatre that help in the socialization of Kabba children. 

Our medium of Mask is also intended to improve the cohesion and maintain standard of 

morality and behavior handed down from generation to generation in Kabba. They are 

behavior modelling device for Kabba children to prevent witchcraft which are antisocial 

behavior, probity in sex and chasteness.  

4. Songs, stories, beliefs and legend which have artistic marks and cultural values and 

which form the cultural traditions of a people and are usually handed down from one 

generation to another. 

5. The unwritten traditions of a nation, their religious beliefs, stories, myths and legends 

which express their artistic use and more beliefs of the people. 

 The basic genre (forms) of folk literature according to Akporobaro include such forms as: 

Folktales, folklore, ballads and songs, epic narrative like the Agbolapeni Saga of Kabba, myths 

and legends, songs, riddle, Enigma, proverbs, recitation, oral narratives, chants, oration, opelu, 

Aruta, saga orations, Ogun festival dance and ritual performances by Oloseun, Ogun and Ofosi 



 24 

as well as Ebora devotees songs and incantations, Oriki, praises names, Genealogies and esoteric 

language of Oloseun and Ule Ushin devotees. 

Intellectual property & copyright worldwide and in Nigeria 

The next question is what is copyright in relation to intellectual property. Let us start by defining 

the term intellectual property as well as copyright. (W.R. cornush 1999:3) defined intellectual 

property as a title, the term may sound rather grandiloquent but then, at its most serious, this is a 

branch of the law which protects some of the finer manifestation of human achievement. Type of 

conduct which may not be pursued without the consent of the right-owner (Dana I. Bainbridge 

1994:1, 2009:3) defined intellectual property law in the following terms.  

What is intellectual property law? 

Intellectual property law is that area of law which concerns legal rights associated with creative 

effort or commercial reputation and goodwill: the subject matter of intellectual property is very 

wide and includes literary and artistic works, films, computer programs, inventions, designs and 

marks used by traders for their goods or services. The law deters others from copying or taking 

unfair advantage of the work or reputation of another and provides remedies should this happens. 

See overleaf for my major translation of Ogunmola, Ladipo, Wale Ogunyemi for which UI 

Institute of African Studies granted me copyright. There are several different forms of rights or 

areas of law giving rise to rights that together make up intellectual property. They are: 

 Copyrights 

 Rights in performance 

 The law of confidence 

 Patents 

 Registered designs 

 Unregistered design rights 

 Trade marks 

 Passing off 

 Malicious falsehood (trade libel) 



 25 

This list is not exhaustive and there are other rights, for example, the rights associated with plant 

and seed varieties protection, but these will not be dealt with in detail in this paper. 

What is copyright? 

(Copyright is a property right that subsists in certain specified types of works as provided for by 

the copyright, designs and patents Act 1988). Examples of the works in which copyright subsists 

are original literary works, films and sound recordings. The owner of the copyright subsisting in 

a work has the exclusive right to do certain act in relation to the work such as making a copy, 

broadcasting or selling copies to the public. These are examples of the acts restricted by 

copyright. The owner of the copyright can control the exploitation of the work, for example by 

making or selling copies to the public or by granting permission to another to do this in return for 

a payment. A common example is where the owner of the copyright in a work of literature 

permits a publishing company to print and sell copies of the work in book form in return for 

royalty payments, usually an agreed percentage of the price the publisher obtains the books.  

(If a person performs one of the acts restricted by copyright without the permission or license of 

the copyright owner, the latter can sue for infringement of his copyright and obtain remedies, for 

example damages and an injunction).  however, there are limits and certain closely drawn 

exceptions are available, such as fair dealing with the work. An example would be where a 

person makes a single copy of a few pages of a book for the purpose of private study. Other acts 

may be carried out in relation to the work if they are not restricted by the copyright, for example, 

borrowing a Rolling Stones recording to listen to in private. 

 A broad classification can be made between the various types of copyright work. Some such as 

literary, dramatic, musical and artistic works are required to be original. As will be seen later, 

this is easily satisfied and the work in question need not be unique in any particularly way. Other 

works such as (films, sound recordings, broadcasts, cable programmes and typographical 

arrangements can be described as derivative or entrepreneur works and there is no requirement 

for originality; for example, repeat broadcasts each attract their own copyright). copyright 

extends beyond mere literal copying and covers acts such as making a translation of a literary 

work, performing a work in public and other acts relating to technological developments such as 



 26 

broadcasting the work or storing it in a computer. My translation into French Eda, Obaluaye, 

Langbodo, Lanke Omu, Obakoso. 

(Fundamentally and conceptually, copyright law should not give rise to monopolies and it is 

permissible for any person to produce a work which is similar to a pre-existing work as long as 

the latter work is not taken from the first). It is theoretically possible, if unlikely, for two persons 

independently to produce identical works, and each will be considered to be author of his work 

for copyright purposes. My version of Aba Women War and Prof. Okanlawon version is a good 

example. 

Berne convention for the protection of literary and artistic works of September 9, 1886, 

completed at Berne on march 20, 1914, revised at Rome on June 2, 1928, at Brussels on 

June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and amended 

on October 2, 1979 

 The countries of the Union, being equally animated by the desire to protect, in as effective and 

uniform a manner as possible, the rights of authors in their literary and artistic works, 

recognizing the importance of the work of the Revision Conference held at Stockholm in 1967, 

have resolved to revise the Act adopted by the Stockholm Conference, while maintaining without 

change Articles 1 to 20 and 22 of that Act. Consequently, the undersigned Plenipotentiaries, 

having presented their full powers, recognized as in good and due form, have agreed as follows: 

Article 1 Establishment of Union 

The countries to which this Convention applies constitute a Union for the protection of the rights 

of authors in their literary and artistic works. 

Article 2 Protected Works: 1. ―Literary and artistic works‖; 2. Possible requirement of fixation; 

3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of 

protection; 7. Works of applied art and industrial designs; 8. News 

(1) The expression ― literary and artistic works‖ shall include every production in the literary, 

scientific, and artistic domain, whatever may be the mode or form of its expression, such 

as books, pamphlets and other writings; lectures, addresses, sermons and other works of 

the same nature; dramatic or dramatic-musical works; choreographic works and 



 27 

entertainments in dumb show; musical compositions with or without words; 

cinematographic works to which are assimilated works expressed by a process analogous 

to cinematography; works of drawing ; painting, architecture, sculpture, engraving and 

lithography; photography; works of applied art; illustrations, maps, plans, sketches, and 

three-dimensional works relative to geography, topography, architecture or science. 

(2) It shall, however, be a matter for legislation in the countries of Union to prescribe that 

works in general or any specified categories of works shall not be protected unless they 

have been in some material form. 

The following are the conversion for the protection of literary and artistic works as they 

appeared in (Andrew Christie and Stephen Gare 1992:255-277) 

Article 6 Moral Rights: 1. To claim authorship; to object to certain modifications and other 

derogatory actions; 2. After the author‘s death; 3‘ Means of redress 

1. Independently of the author‘s economic rights to claim authorship of the work and to 

object to any distortion, mutilation or other modification of, or other derogatory action in 

relation to, the said work, which would be prejudicial to his honour or reputation. 

2. The rights granted to the author in accordance with the preceding paragraph shall, after 

his death, be manifested, at least until the expiry of the economic rights, and shall be 

exercisable by the persons or institutions authorized by the legislation of the country 

where protection is claimed. However, those countries whose legislation, at the moment 

of their ratification of or accession to this Act, does not provide for the protection after 

the death of the author of all the rights set out in the preceding paragraph may provide 

that some of these rights may, after his death, cease to be maintained. 

3. The means of redress for safeguarding the rights granted by this article shall be governed 

by the legislation of the country where protection is claimed. 

 

Article 7 Term of Protection: 1. Generally; 2. For cinematographic works; 3. For anonymous 

and pseudonymous works; 4. For photographic works and works of applied art; 5. Starting 

date of computation; 6. Longer terms; 7. Shorter terms; 8. Applicable law; ―comparison‖ of 

terms. 



 28 

1. The term of protection granted by this convention shall be the life of the author and fifty 

years after his death. 

2. However, in the case of cinematographic works, the countries of the Union may provide 

that the term of protection shall expire fifty years after the work has been made available 

to the public with the consent of the author, or, failing such an event within fifty years 

from the making of such a work, fifty years after the making. 

3. In the case of anonymous or pseudonymous works, the term of protection granted by this 

convention shall expire fifty years after the work has been lawfully made available to the 

public. However, when the pseudonym adopted by the author leaves no doubt as to his 

identity, the term of protection shall be that in paragraph (1) the countries of the Union 

shall not be required to protect anonymous or pseudonymous works in respect of which it 

is reasonable to presume that their author has been dead for fifty years. 

4. It shall be a matter for legislation in the countries of the Union to determine the term of 

protection of photographic works and that of works of applied art in so far as they are 

protected as artistic works; however, this term shall last at least until the end of a period 

of twenty-five years from the making of such a work. 

5. The term of protection subsequent to the death of the author and the terms provided by 

paragraphs (2), (3), (4) shall run from the date of death or of the event referred to in those 

paragraphs, but such terms shall always be deemed to begin on the first of January of the 

year following the death or such event. 

6. The countries of the Union may grant a term of protection in excess of those provided by 

the preceding paragraphs. 

7. Those countries of the Union bound by the Rome Act of this Convention which grant; in 

their national legislation in force at the time of signature of the present act, shorter terms 

of protection than those provided for in the preceding paragraphs shall have the right to 

maintain such terms when ratifying or acceding to the present Act. 

8. In any case, the term shall be governed by the legislation of the country where protection 

is claimed; however, unless the legislation of that country otherwise provides, the term 

shall not exceed the term fixed in the country of origin of the work. 

 



 29 

Article 7
bis

 Term of protection for works of joint authorship 

The provisions of the preceding Article shall also apply in the case of a work of joint authorship, 

provided that the terms measured from the death of the author shall be calculated from the death 

of the last surviving author. 

Article 8 Right of translation 

Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right 

of making and of authorizing the translation of their works throughout the term of protection of 

their rights in the original works. I have attached UI Copyright Letters to me on some works I 

have translated into French since 1985. 

Article 9 Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and 

visual recordings 

1. Authors of literary and artistic works protected by this convention shall have the 

exclusive right of authorizing the reproduction of these works, in any manner or form. 

2. It shall be a matter for legislation in the countries of the Union to permit the reproduction 

of such works in certain special cases, provided that such reproduction does not conflict 

with a normal exploitation of the work and does not unreasonably prejudice the 

legitimate interests of the author. 

3. Any sound or visual recording shall be considered as a reproduction for the purposes of 

this Convention. 

Article 10 Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. 

Indication of source and author 

1. It shall be permissible to make quotations from a work which has already been lawfully 

made available to the public, provided that their making is compatible with fair practice, 

and their extent does not exceed that justified by the purpose, including quotations from 

newspaper articles and periodicals in the form of press summaries. 

2. It shall be a matter for legislation in the countries of the Union.  

 



 30 

Special agreement exiting or to be concluded between them, to permit the utilization, to permit 

the utilization, to the extent justified by the purpose, of literary or artistic works by way of 

illustration in publications, broadcasts or sound or visual recordings for teaching, provided such 

utilization is compatible with fair practice. 

3. Where use is made of works in accordance with the preceding paragraphs of this Article, 

mention shall be made of the source and of the name of the author if it appears thereon. 

15. Duration of copyright: General saving 

(1) Copyright in an existing copyright work shall continue to subsist until the date on which 

it would have expired under the 1988 provisions if that date is later than the date on 

which copyright would expire under the new provisions. 

(2) Where paragraph (1) as effect, section 57 of the 1988 Act (anonymous or pseudonymous 

works acts permitted on assumptions as to expiry of copyright or death of author) applies 

as it applied immediately before commencement (that is without the amendments made 

by Regulation 5(2). 

16. Duration of copyright application of new provisions 

 The new provisions relating to duration of copyright apply- 

(a) To copyright works made after commencement 

(b) To existing works which first qualify for copyright protection after commencement 

(c) To existing copyright works subject to Regulation 15 (general saving for any longer 

period applicable under 1988 provisions), and  

(d) To existing works in which copyright expired before 31
st
 December 1995 but which 

week on 1
st
 July 1995 protected in another EEA state under legislation relating to 

copyright or related rights. 

17. Extended and revived copyright 

 In the following provisions of this Part- 

 ―Extended copyright‖ means any copyright which subsists by virtue of the new 

provisions after the date on which it would have expired under the 1988 provisions, and 



 31 

―revived copyright‖ means any copyright which subsists by virtue of the new provisions 

after having expired under the 1988 provisions or any earlier enactment relating to 

copyright. 

18. Ownership of extended copyright 

(1) The person who is the owner of the copyright in a work immediately before 

commencement is as from commencement the owner of any extended copyright in he 

work subject as follows. 

160. Duration of Copyright and Rights in Performance Regulations 1995 

19. Ownership of revived copyright 

 (1) The person who was the owner of the copyright in a work immediately before 

expired (the ―former copyright owner‖) is as from commencement the owner of any revived 

copyright in the work subject s follows.  

(2) If the former copyright owner has died before commencement or in the case of a 

legal person has ceased to exist before commencement the revived copy shall vest 

 (a) in the case i of a film in the principal director of the film or his personal 

representative and 

 (b) in any other case in the author of the work or his personal representatives 

(3) Where revived copyright vests in personal representatives by virtue of paragraph 

(2) it shall be held by them for the benefit of the person who would have been 

entitled to it had it been vested in the principal director or author immediately 

before his death and had developed as part of his estate. 

20. Prospective ownership of extended or revived copyright 

 (1) Where by an agreement made before commencement in ration to extended or 

revived copyright and signed by or on behalf of the prospective owner of the copyright the 

prospective owner purports to assign the extended or revived copyright (wholly or partially) to 

another person, then if on commencement the assignee or another person claiming under him 



 32 

would be entitled as against all other persons to require the copyright to be vested in him the 

copyright shall vest in the assignee or his successor in title by virtue of this paragraph. 

 (2) A license granted by a prospective owner of extended or revived copyright is 

binding on every successor in title to his interest (or prospective interest) in the right, except a 

purchaser in good faith for valuable consideration and without notice (actual or constructive) of 

the license or a person deriving title from such a purchaser and references in Part 1 of the 1988 

Act to doing anything with or without the license of the copyright owner shall be construed 

accordingly. 

 (3) In paragraph (2) ―prospective owner‖ includes a person who is prospectively 

entitled to extended or revived copyright by virtue of such an agreement as is mentioned in 

paragraph (1) 

21. Extended copyright: existing license agreement &c. 

 (1) Any copyright license, any term or condition of an agreement relating to the 

exploitation of a copyright work or any waiver or assertion of moral rights which- 

 (a) Subsists immediately before commencement in relation to an existing copyright 

work and 

 (b) is not to expire before end of the copyright period under the 1988 provisions shall 

continue to have effect during the period of any extended copyright subject to any agreement to 

the contrary. 

 (2) Any copyright license or term condition relating to the exploitation of a copyright 

work imposed by order of the copyright Tribunal which- 

 (a) Subsists immediately before commencement in relation to an existing copyright 

work and 

 (b) Is not to expire before the end of the copyright period under the 1988 provisions 

shall continue to have effect during the period of any extended copyright subject to any further 

order of the Tribunal. 



 33 

22. Revived copyright exercise of the moral rights 

 (1) The following provisions have effect with respect to the exercise of moral rights 

in relation to a work in which there is revived copyright. 

 (2) Any waiver or assertion of moral rights which subsisted immediately before the 

expiry of copyright shall continue to have effect during the period of revived copyright. 

 (3) Moral right is exercisable after commencement by the author of a work or as the 

Brief Hisory 

Dating back almost to the beginnings of civilisation there have been those eager to profit from 

the work of others.  In ancient times, the idea that the author of a work of literature had economic 

rights to control dissemination and copying was not particularly well established and ye those 

who falsely claimed a work were considered contemptible. Most authors were primarily teachers, 

hence the emphasis on moral rights.  The word plagiarist; meaning one who copies the work of 

another and passes it off as his own, is derived from the Latin ‗plagiarius‘ meaning kidnapper.  

The problems of unauthorized copying of works produced by other stretch back into antiquity. 

Copyright law has a relatively long history and its roots can be traced back to before the 

advent of printing technology, which permitted the printing of multiple copies quickly and at 

relatively little expense.  The first record of a copyright case was Finnian ―Columba‖ 13 Statutes 

of the University of Paris in 1223 legalised duplication of texts for use within the university.  

However, two factors limited the importance of protecting literary works before the late fifteenth 

century, works of literature were mainly religious and were written by scholarly monks who 

would work of literature were mainly religious and were written by scholarly monks who would 

work painstakingly for considerable periods of time preparing their gloriously illuminated books.  

Obviously, because of the substantial human labour and skill required to produce such works 

plagiarism of books was not usually a viable consideration.  Additionally, there was not a market 

for books due to the general illiteracy of the population at large.  The religious books which were 

produced were made mainly for use within monasteries or churches. 

Two inventions in the late fifteenth century changed everything.  It could be claimed that 

printing has had a greater impact on civilization than any other single invention Gutenberg 



 34 

invented moveable type, first used in 1455, and Caxton developed the printing press and 

published Chaucer‘s Canterbury Tales in 1478 the first bestseller‘ An Act 

Rights in performance: Obaluaye example See Appendix 1 

Wale Ogunyemi Letter to me on the French translation of Obaluaye. Live performance give rise 

to two different rights: the performer‘s right and a recording right.  Unit recently, the former was 

restricted to a right not dissimilar to the author‘s moral right in copyright whilst persons with 

whom the performer had an exclusive recording contract acquired a right similar to the copyright 

owner‘s economic right. However, as a result of the Copyright and Related Rights Regulations 

1996
8
 bolstered by the copyright and Related Rights Regulations 2003 ―the performer now also 

has a true property right relating to making copies, the issue of copies and the rental and lending 

of recordings of his performance now also have mortal rights to be identified as the performer 

and to object to a derogatory treatment of the performance.
 

The need for specified rights in live performances is that they give the performer, and the person 

having exclusive recording rights a means of protecting live performances from persons making 

illicit (‗bootleg‘) recordings of such performances. Of course, the work being performed may be 

protected by copyright but the copyright owner may not wish to take action.  These rights are 

directly enforceable by the performer and the recording company in some cases the work on 

which the performance is based may be an old work in which copyright does not subsist such as 

an operatic aria by Mozart. 

Intellectual Property and Copyright in the Nigerian Context Drawing from the Following 

Works by Nigerian Legal Luminaries and Scholars to wit: 

1. Bankole Sodipo’s Copyright Law, Principle, Practice and Procedure2
nd

 edition. 

2. Intellectual Property Law and Practice in Nigeria by Chudi Nwabachili  

3. Jide Olakanmix Co, Intellectual Property Cases and Materials Copyright Acts etc. 

4. F.O Babafemi, Intellectual Property: The Law and Practice of Copyright etc. in 

Nigeria 

(Chidi Nwabachili 2017): defined intellectual property thus: 

  



 35 

Meaning of Intellectual Property 

Intellectual property rights, under the law in Nigeria, are an area of Jaw that have yet been fully 

explored. This is not because the law is not known but because le ac so reluctant to deal with the 

law and also the awareness has not so much been canvassed. The primary function of intellectual 

property right under the law is to protect from exploitation the fruits of a person‘s work. This 

protection is of relevance to actors, playwrights, performers and other artists, to musicians, 

authors, publishers, to broadcasters, to makers of cinematograph films, photographers, producers 

of computer systems, manufacturers of goods and products, those who trade in goods and 

products using specified to trademarks and trade names, engineer's, lecturers, artists, lace 

designers, designers of other types of products, etc. In a country such as Nigeria, the importance 

of intellectual property right can hardly be over emphasized. This is a country where book 

piracy, film piracy, music piracy still reigns supreme. We now see so many fake products with 

marks imitating the trademarks ‗and names of the genuine foreign manufacturers being smuggled 

into the country from foreign countries. Apart from these fake products which are imported, 

many other fake products which are produced within the country also carry marks which imitate 

often times the trademarks and names of the genuine Nigerian manufacturers. There are also 

those that copy the inventions and design of others. Effective laws to combat these malpractices 

and other problems are therefore imperative.  

Intellectual property, like many other legal words or phrases, does not lend itself to a quick and 

or precise definition no matter how hard one tries. In recent times, however, some form of: 

acceptable: description is emerging for this important branch of law. 

Nature and Scope of Intellectual Property 

1.  The term intellectual property has been used for almost one hundred and fifty years to 

refer to the general area of law that encompasses copyright, patents, designs, and 

trademarks, as well as a host of related rights.  

2.  Intellectual property law creates property rights in a wide and diverse range of things 

from novels, computer programmes, paintings, films, television broadcast and 

performances through to dress designs, pharmaceuticals, genetically modified animals 

and plants. 



 36 

3.  While there are number of important differences between the various forms of intellectual 

property, one factor that they share in common is that they establish property protection-

over intangible things such as ideas, inventions signs and information. While there is a 

close relationship between intangible property and the tangible objects in which they are 

embodied, intellectual property rights in distinct and separate from property rights in 

tangible goods} For example, when a person posts a letter to someone, the personal 

property in the link and parchment is transferred to the recipient. If the recipient is 

pleased with the letter, they can frame it and. hang it on the wall; if they are unhappy with 

the letter, they can burn it or if it is a love letter, they might store it away in which case it 

will pass under the recipient‘s will when they die. Despite the recipient having personal 

property rights in the letter as a physical object, the sender (as author) retains intellectual 

property rights in the letter. The author will be the first owner of copyright in the letter, 

which will enable them to stop the recipient (or anyone else) from copying the letter or 

from posting it on the Internet.  

4. For many, the fact that intellectual property rights are separate from the physical object in 

which they are embodied may be counterintuitive. For example, if someone owns a 

recipe book, why should they not be able to photocopy a couple of recipes to send to a 

relative? Similarly, if someone owns an animal on should they not be able to buy and sell 

seeds from the plant or offspring of the animals? Or if someone purchases bottles of 

perfume in ―Singapore, should they-not be able to sell them in ‗Nigeria? One of the 

consequences of intellectual property rights being separate from property rights is the 

legal answer to these questions ‗might well be ‗no‘. As rights over ‗intangibles, 

intellectual property. rights limit what the owners. of Personal Property are able to do 

with the things which they own. 

The subject matter of intellectual property is very wide and includes literary and artistic works, 

films, computer programmes, inventions, designs and marks used by traders for their goods or 

services. The law deters others from copying or taking unfair advantage of the ‗work or 

reputation of another and provides remedies should this happen. In other words, there are several 

different forms of rights area of law giving rise to rights: that together make up intellectual 

property.  



 37 

1) Copyright: which is for the protection of literary and artistic works and associated 

products; 

2)  Trademarks: which is for the protection. of goodwill attaching to marketing products;  

(3)  Patents: which is for the protection of inventions;  

(4)  Industrial design: which seeks to protect the design of industrial products  

Copyright 

Meaning of Copyright 

Copyright is the term used to describe the area of intellectual property law that regulates the 

creation and use that is made, of a range of cultural goods such as books songs, films and 

computer programme.  

Copyright is a property right in an original work of authorship (including literary, musical, 

dramatic, choreographic, pictorial, graphic, sculptural and architectural works; motion pictures 

and other audio-visual works and sound recording) fixed on any tangible medium of expression, 

giving the holder the exclusive right and display the work. 

Copyright is an intangible property right it consists of the exclusive right to reproduce in any 

form those works defined in section 1 (1) of the Copyright, Designs and Patents Act 1988. These 

are original literary, dramatic, musical ‗or artistic works, ‗sound recording, films, broadcast or 

cable programme and the ‗typographical arrangement of published editions.  

According to W.R. Cornish? ―copyright is a right given against the copying g of defined types of 

cultural, informational and entertainment productions.‖  

Copyright is a property right that subsists in certain specified types of works as provided for by 

the Copyright, Designs and Patent Act 1988. 

Section 5 Copyright Act provides that copyright in a work is the exclusive right - to ‗control the 

doing of certain specified acts in respect of the whole or a substantial part of the work either in 

its original form or in any form recognizably derived from the original subject to certain 

statutory exception. 



 38 

From the foregoing, copyright is the right given to artists, literary men, musicians and performers 

to exclude, others from substantial copying of the material form of their works.  

Nature and Scope of Copyright 

The intangible property protected by copyright law is distinctive in that it arises automatically 

and-usually for the benefit for the benefit of the author. Various right is conferred on the owner 

of copyright, including the right to copy the work and the right to perform the work in public. 

(Work is a term used to describe the various objects. that are protected by copyright). The rights 

vested in the owner are limited, notably in that they are not infringed when a person copies or 

performs a work that they have created themselves. The rights given to copyright owner last for a 

considerable time: in many cases for seventy years after the death of the author of the work.  

The basic framework of Nigeria copyright law is largely to be found in the Copyright Act Cap 

C28 Laws of the Federation 2004.  

The primary function of copyright under the law is to protect from annexation the fruits of a 

person‘s work. This protection is of immense importance to actors, playwrights, performers and 

other artists; to. musicians and composers of music to authors, publishers‘ newspaper proprietor 

and librarians; to architects, designers, lawyers, doctors, pharmacists, engineers and other 

professionals; to editors of law reports, lecturers, professors and institution of higher learning; to 

broadcasters; to makers of cinematograph films, photographers, producers of computer systems, 

laptops and their numerous software, etc. 

In Nigeria and indeed in Africa, the importance of the law of copyright can hardly be over-

emphasized. Their book piracy, film piracy and music piracy still reign supreme with attendant 

losses of income to authors, Publishers, makers, musicians and many other copyright problems i 

is very important.  

However, in copyright law, the important element is that the work must be in medium 

communicated either directly or technologically enabled. In international law or international 

relations parlance, artist and literary works include the following: (1) literary Works; (2) musical 

works including and accompanying words; (3) sound recordings; (4) pictorial, graphic and 

sculptural works; (5) dramatic, including any accompanying music; (6) pantomimes and 



 39 

choreographic works and (7) motion: pictures including audiovisual work. It follows therefore 

that copyright will only protect a category of works which have satisfied the conditions of 

eligibility for registration and or protection and such rights can only be exercised by the owner or 

someone deriving title from or under him.  

If a person performs one‘ of the acts restricted by copyright without the permission of license of 

the copyright owner, -the latter can sue for infringement of his copyright and obtain remedies for 

example, damages and an injunction. 

However, there are limits and certain closely drawn exceptions are available such as fair dealing 

with the work for research purposes for private use criticism, etc. 

Works Eligible for Protection 

Eligible works means Works of copyright which the law will protect. However, it is not all 

works that enjoy statutory protection. In contrast with some other jurisdictions where the subject 

matter protected by copyright is defined by statute toad and open-ended terms, the Copyright Act 

of Nigeria provides a detailed and exhaustive list of the types of works protected by law. In order 

for a work to be protected by law it must fall within the categories of the works. The first 

question is usually what a ―work‖ is section 51 of the Copyright Act defines a ―work‖ as any 

translations, adaptation, new versions or arrangements of pre ―existing works, and anthologies or 

collection of works which, by reason of the selection and arrangement of their context, present 

an original character.  

Before looking at the categories of work that afford protection under the law, is necessary to 

make some preliminary points. The first is that the Copyright Act? provides an exhaustive list of 

the protected subject -matter, there is little opportunity for the courts to recognize new forms of 

works, other than through the creative interpretation of the existing categories. The closed nature 

of the categories has meant that at times copyright has been ‗stretched to give protection to 

creative talents and activities the protection of which was never in the contemplation of those 

who from time to time have been responsible for the framing of the successive statutes. 

A notable feature of the Copyright Act is that all of the subject matter that 1s protected by 

copyright are called ‗works‘. This is in contrast to the UK Copyright Ac here a distinction was 



 40 

drawn between part works‘ (literary. dramatic musical or artistic works) and part II ‗subject 

matter‘ (sound recordings, films. broadcasts, cable programme, and Topographical 

arrangements). It is also in marked contrast to the position in civil law system such as in France, 

which distinguish between author's (or drojt d‘auteur) add ‗neighboring rights‘ or entrepreneurial 

works (droit visions) Author's t typically cover literary, ‗dramatic, musical, and artistic work, 

neighboring rights are afforded to sound recordings, broadcasts, and performers of The 

distinction is also reflected in the international Conventions, with the 1886 

Berne Convention protecting ‗author‘s right‘ and the 1961 Rome Conventions protecting 

‗neighboring rights. 

However, in the Nigerian Copyright Act, the term work under section 1(1) embraces films, 

sound recordings and broadcasts, Although the distinction was not mentioned in the categories of 

work, protection of performer‘s rights and folklore otherwise known as ‗neighboring rights were 

recognised in part II section 26 -30 and section 31-33 respectively, we shall now take them in 

turn.  

Literary Works 

―Literary work‖ includes, irrespective, of literary quality, any of the following works or works 

similar thereto: 

(a)   Novels, stories and poetical works 

(b)   plays, stage directions, film scenarios and broadcasting scripts;  

(c)   Choreographic works; 

(d)    Computer Programme; 

(e)   Textbooks, treaties, histories, biographies, essays and articles;  

(f)    Encyclopedias, dictionaries, directories and anthologies; 

(g)   Letters; reports and memoranda; 

(h)   Lectures, addresses and sermons;   



 41 

(i)    Law reports, excluding decisions of courts; 

(j)    Written tables or complication. 

However, in the United Kingdom, the Copyright, Designs. and‘ Patents Act: 1988, section 3 (1) 

defines a literary work as any work, other ‗than a dramatic or musical work, which is written, 

spoken or sung and includes a table or compilation other than a database, a computer programme 

preparatory design material for a computer programme and a database.  

In University of London Press Ltd Peterson J. said:  

―it may be difficult to define literary work as used in the Act (Copyright Act 

1911) but is seems to be plain that it is not confined to literary work‘ in the 

sense in which that phrase is applied in any view the words ―literary works‖ 

cover work‘ which is expressed in print or writing, irrespective of the  

question whether the quality or style is High. The word ―literary‖ Seems to be 

used in a sense somewhat similar to the use in a word "literature" in political 

or electioneering literature and refers to written or printed matter. 

Duration of copyright according to Nwabuchi 

6.3 Time limit for copyright 

The Copyright Act provides that in respect of literary, musical or artistic work other than 

photographs, copyright in the work will expire seventy years after the end of the year in which 

the author dies.
 

In the case of governor or a body corporate, copyright in literary, musical or artistic work 

will expire seventy years after the end of the year in which the work was first published. 

In the case of cinematograph films and photographs the copyright with expire fifty years 

after the end of the year in which the work was first published. 

In the case of could recordings the copyright will expire fifty years after the end of the 

year in which the recording was first published. 



 42 

In the case of broadcast the copyright will expire fifty after the end of the year in which 

the broadcast first took place. 
 

Section 2 (3) of the Copyright Arts provides that in the case of anonymous or 

pseudonymous literary, musical or artistic works, the copyright therein shall subsist until the end 

of the expiration of seventy years from the end of the year in which the work was first published 

provided that, when the author become known, the terms of copyright shall be calculated 

schedule to this Act.  

Furthermore, section 2 (4) of the Copyright Act provides that in the case of a work of 

joint authorship, a reference in the first schedule to this Act to the death of the author shall be 

taken to refer to the author who dies last, whether or not he is a qualified person within 

subsection 1 of this section121. 

Section 3 (2) of the copyright Act also provides that where the work was first published 

in Nigeria or being sound recording is made in Nigeria, then the duration specified above all 

shall apply to such works. 

In all the above case, copyright automatically expires at the end of the period specified. 

There is no provision for renewal. 

However, in respect of performer‘s right, section 27 copyright Act provides that the right 

shall subsist in relation to the performance, until the end of the period of fifty years from the end 

of the year in which the performance first took place again, copyright automatically expires at 

the end of fifty years, there is no provision for renewal. 

Unfortunately, the Art was silent on the tine limit in respect of expressions of folklore.  It 

is recommended that it should be included. 

6.4 The nature of the right conferred upon an owner of copyright 

Generally speaking, the nature of rights conferred by a copyright is a function of the ting sought 

to be protected.  As a general rule, however, it confers the right to the control and the doing of 

certain things.  We shall then take them in turn. 

 



 43 

6.4.1 Literary works and musical work 

Section 6 (1) of the Copyright Act provides that subject to the exceptions specified in the second 

schedule to this Act, copyright in a work shall be the exclusive right to control the doing in 

Nigeria in any of the following acts that is. 

(a) On the case of a literary or musical work to do and authorize the doing of any of the 

following: 

(i) Reproduce the work in any maternal form;  

(ii) Publish the work; 

(iii) Perform the work in Public;  

(iv) Make any cinematograph film or a record in respect of the work; 

(v) Produce, reproduce, perform or a record in respect of the work; Distribute to the 

public, for  

Commercial lease, hire, loan or similar arrangement. Broadcast or communicate the 

work to the public by a found speaker or any other similar device; 

(vi) Make any adaptation or work; 

(vii) Do in relation to a translation or an adaptation of the work, any of the acts specified in 

relation to the work in sub-paragraphs (i) to (vii) of this paragraph 

6.4.2 Artistic works 

In the case of an artistic work to do or authorize the doing of any of the following acts, that is: 

(i) Reproduce the work in any maternal form;  

(ii) Publish the work; 

(iii) Include the work in any cinematograph film; 

(iv) Made any adaptation of the work. 

52 Intellectual Property and Law in Nigeria 

 (iv) Do, in relation to an adaptation of the work in sub-paragraphs (i) to (ii) of this 

paragraph.  

 



 44 

6.4.3. Cinematograph film 

In the case of cinematograph films, to do or authorize the doing of any of the following, flowing 

acts that is: 

(i) Make a copy of the film; 

(ii) Cause the film, in so far at it consists of visual images, to be seen in public and, in 

so far at it consists of sounds, to be heard in public; 

(iii) Make any record embodying the recording in any part of the soundtrack 

associated with the film by utilizing such soundtrack; 

(iv) Distribute to the public, for commercial purposes, copies of the work by way of 

rental, lease, hire, loan or similar arrangement. 

6.4.4  Sound recording. 

In the sound recording, copyright in sound recording shall be the exclusive right to control in 

Nigeria. 

(a) The direct and indirect reproduction, broad casting or communication to the public of 

the whole or a substantial part of the. 

Recording either in its original form or inform recognizably derived from the original. 

(b) The distribution to the public, for commercial purposes, copies of the work by way of 

rental, lease, hire, loan or similar arrangement. 

6.45 Broadcasting 

 The copyright in a broadcast shall be the exclusive right to control the doing in Nigeria of 

any the following acts, that is: 

(a) The recording and the re-broadcasting of the whole or a substantial part of the 

broadcast; 

The communication to the public of the whole or a substantial part of television 

broadcast, either in its original form or in any form recognizable 

 ©   The distribution to the public for commercial purposes, of copies of the work, by way 

of rental, lease, hire, loan or similar arrangement. 



 45 

6.46. Other rights 

In addition to the right conferred upon the copyright owner as enumerated above, the 

copyright actalso allows the copyright owner to restrict importation of printed copies of his 

work. Thus, the owner of copyright in any published literary, artistic or musical work or sound 

recording may give notice in writing to the Department of Customs and Exercise 

6.4.7 Performers right 

A performer shall have the exclusive right to control, in relation to his performance, the 

following act; 

(a) Performing: 

(b) Recording; 

(c) Broadcasting live; 

(d) Reproducing in any maternal form; and 

(e) Adaptation of the performance. 

 

6.4.8 Expressions of folklore 

Expressions of folklore are protected agents: 

(a) Reproduction 

(b) Communication to the public by performance broadcasting; distribution by 

cable or other means. 

(c) Adaptations, translations, and other transformation 

6.5 limit to the rights of copyright owners 

We have highlighted the various rights accorded to the various works of copyright 

owners; we will now look into the limits to their rights.  There are acts which should not in the 

interest of the public be regarded as an in imperilment of the right of the copyright owner.  Also, 

sometimes a person may be given an authority to exploit a work which ordinarily would 

 



 46 

Bern Convention (1886-1971)  

  The most important international influence on the development of the Nigerian copyright 

has been the Berne Convention on the protection of literary and Artistic work.  The Bern 

Convention was drawn up in 1886 as a small treaty allowing for mutual recognition of rights 

amongst a few largely European countries. Since then, the treat has been revised on a number of 

occasions and the membership expanded to. 

In its earliest form, there were two key provisions of the Berne Conversation.  The first 

was the adoption of the principle of national treatment.  This meat that with certain exceptions a 

country of the union should not discriminate between its own nationals and those of other 

countries of the union. For example, under the principle of national treatment, French law was 

obliged to confer the same rights on British author as it conferred on French authors.  In addition 

to the principle of national treatment, the Berne Convention has long required that the enjoyment 

and exercise of copyright in the works of the convention should not be. 

8. Administration of Copyright 

Until 1988 when the copyright act was passed into law, there was no administrative 

infrastructure for copyright act this trend was reserved.We will now look into the administrative 

structure of copyright in Nigeria subject to any formality.  This means that registration or notices 

cannot be made prerequisites for protection. because international protection is to be automatic, 

there is no need for international bureaucratic regimes to simplify registration processes. 

 Over time the Berne Convention has come to demand that members of the union provide 

certain minimum standards of protection of copyright owners and authors.  These include the 

right to reproduce the work, to perform the work publicly, to translate the work, to adopt the 

work and to broadcast the work. Members of the union are also to give authors (rather than 

copyright owners) the moral rights of attribution and integrity in recognition of the need for the 

public to be able to utilize works without payment, there is limited scope for members of the 

union to create exceptions.  In relation to the reproduction right these exceptions must satisfy the 

so-called three-step test.  This requires that exceptions must be limited to certain special cases, 

not conflict with a normal exploitation of the work, and not unreasonably prejudice the 



 47 

legitimate interest of the author. Moreover, protection is to last at least for the life of the author, 

plus fifty years thereafter. 

Rome Convention (1961)  

The coverage of the Berne Convention is limited to literary and artistic work which includes 

cinematographic works.  It does not include provisions for the protection of performer‘s producer 

of sound recordings, broadc