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In a major step toward strengthening intellectual property enforcement in Nigeria, the Nigerian Copyright Commission (NCC) has been designated a ‘relevant organization’ under the Proceeds of Crime (Recovery and Management) Act, 2022 (‘POC Act’). This new status—confirmed through the Proceeds of Crime (Designation of the Nigerian Copyright Commission as a Relevant Organization) Order, 2025—marks a turning point in the treatment of copyright offences in Nigeria: the NCC is now equipped to act like an economic crime watchdog.
Criminal Liability Under the Copyright Act, 2022
Historically, copyright enforcement in Nigeria has focused on civil remedies, such as injunctions and damages. The Copyright Act, 2022 (‘NCA’) introduced stronger criminal provisions, including fines of at least ₦1 million or imprisonment of no less than five years under Section 44(7), targeting the unauthorised public performance, reproduction, or distribution of copyrighted works without a licence from the rights owner or collective management organisations.
What the Proceeds of Crime Act Adds
While the Copyright Act criminalises infringement, the POC Act introduces a crucial second layer of enforcement enabling the NCC to trace, seize, and recover property or financial benefits obtained from copyright infringement. Enacted in May 2022, the POC Act establishes legal and institutional frameworks for confiscating and managing proceeds of unlawful activities, including copyright crimes.
This dual regime strengthens Nigeria’s ability to combat intellectual property (IP) crime by not only prosecuting offenders but also depriving them of illicit gains: copyright violations are no longer just IP offences but also constitute serious economic crimes. The POC Act expands the NCC’s role from prosecution to recovery and management of assets linked to piracy, unauthorised reproduction, and public performance without authorisation.
Expanded Mandate of the NCC
Generally, the authority of any agency or body to prosecute crimes or recover assets stems from its enabling legislation. Under Section 78 of the Copyright Act, the NCC is empowered to investigate and prosecute infringement. While the Copyright Act provides for both civil and criminal enforcement of copyright infringement, it does not confer on the NCC the authority to engage in criminal asset recovery, asset forfeiture, or the recovery of economic crime proceeds. The POC Act changes this. The POC Act expands the NCC’s mandate by authorising the NCC to:
• Recover proceeds of copyright crimes domestically and abroad;
• Confiscate infringing tools such as equipment, printing machines, and digital platforms, or any other assets used in the commission of copyright offences;
• Enforce court orders on asset seizure and forfeiture;
• Manage seized assets and even operate businesses under seizure in a commercially viable manner.
Consequently, the NCC is now responsible for the enforcement and administration of the POC Act specifically as it relates to copyright infringement.
Pursuant to Section 59 of the POC Act, the NCC is obligated to take all actions deemed reasonably necessary to preserve the proceeds of copyright infringement seized and placed under the NCC’s custody and control by order of a competent court (i.e., ‘controlled property’ under Section 82 of the POC Act). Consequently, the NCC may become a party to civil or criminal proceedings affecting controlled properties; manage or realise controlled properties that consists of securities or investments; and in the case of a business forming part of the controlled property, employ or terminate staff; and take any steps necessary to operate the business on a commercially sound basis.
The POC Act further grants the NCC powers to act as a de facto asset manager, including exercising shareholder rights over seized shares, securities, stocks, bonds, or debentures (Section 60), disposing of infringing property (Section 61), and initiating recovery proceedings in foreign jurisdictions under the direction of the Attorney General of the Federation (Section 67).
Inter-agency Cooperation
By virtue of Section 6 of the POC Act, the NCC is now empowered to work and collaborate with law enforcement bodies like the EFCC, ICPC, and the Nigerian Police to investigate and prosecute copyright offences, and more importantly, to trace, freeze, and confiscate proceeds or properties linked to unlawful copyright use. This inter-agency cooperation allows for a more coordinated and resourceful approach to tackling piracy and related offences, treating them not merely as intellectual property violations but as serious economic and financial crimes. Offenders can now be pursued not only for criminal penalties but also for the recovery of their ill-gotten gains, thereby deterring infringement.
Non-Conviction-Based Recovery of the Proceeds of Crime
The POC Act, in Section 82, introduces non-conviction-based recovery. This allows the NCC to initiate civil proceedings for the recovery and forfeiture of the proceeds of copyright infringement without a criminal conviction. In such proceedings, the standard of proof is on a balance of probabilities rather than beyond reasonable doubt. This mechanism, commonly used in global anti-corruption efforts, is especially critical where offenders are deceased, outside jurisdiction, or otherwise shielded from prosecution.
Additionally, Section 74 shifts the burden on the defendant to prove that he is the legitimate owner of the assets suspected to be the proceeds of crime or derived from unlawful activity or that the assets are of legitimate origin and not proceeds of unlawful activity. The NCC may also apply to the courts for preservation and forfeiture orders in respect of proceeds derived from copyright infringement.
Preservation orders under Section 9 enables the NCC to prevent or restrain suspects from disposing of, transferring, or dealing with properties suspected to be linked to copyright infringement, while forfeiture orders under Section 17 permanently vest such assets in the Federal Government. Notably, this forfeiture process remains valid even where the infringer is deceased; in such cases, proceedings may be instituted against the estate of the deceased. Where such property has been commingled with lawfully acquired assets, the preservation order will only apply to the portion traceable to the unlawful activity.
Recovery of Cash
The NCC may seize and detain any cash within or outside Nigeria, reasonably suspected, directly or indirectly, to represent the proceeds of copyright infringement or intended for use in the commission of copyright infringement. The POC Act adopts a broad definition of ‘cash’, encompassing not only local and foreign currencies but also cheques, bankers’ drafts, bearer bonds, bearer shares, jewellery, and gold.
Confiscation of Proceeds of Crime: Conviction-based Recovery
In addition to non-conviction-based asset recovery, Section 33 of the POC Act also provides that confiscation proceedings may be initiated against a convicted person for the recovery of property or financial benefits derived from copyright infringement. The objective is to empower the NCC—as a designated relevant person—to initiate and enforce conviction-based recovery and to ensure that a convicted offender does not retain the proceeds of their crimes.
To this end, the POC Act authorises the NCC to apply to the court for both restraint orders, which prevent a defendant from disposing of or dealing with realisable property, and confiscation orders, which require the convicted person to pay a monetary sum equivalent to the benefit gained from their unlawful conduct. Under Section 52(2) POC, a confiscation order may be enforced as though it were a civil judgment obtained by the NCC for the recovery of a debt owed to the Federal Government.
Investigations, Searches and Seizures
Sections 53-57 of the POC Act authorises the NCC to investigate, search, seize, and recover the proceeds connected to copyright infringement. This provision aligns the NCC’s powers with those of anti-graft agencies like the EFCC and ICPC, recognizing that copyright crimes often generate significant illicit wealth (e.g., from illegal sale of pirated works, unlawful reproduction, counterfeit software, etc.).
Additionally, Section 54(3) of the POC Act outlines four categories of investigations that may be undertaken by the NCC: (a) civil forfeiture investigations, to determine whether property constitutes the proceeds or instrument of crime; (b) confiscation investigations, to assess whether a person has benefitted from criminal activity; (c) detained cash investigations, for recovering seized cash; and (d) civil recovery investigations, in connection with non-conviction-based recovery. Section 55 further criminalizes the obstruction of any NCC-led investigations, such as evidence tampering, falsification, concealment, destruction, or disposal of relevant evidence or prejudicial disclosures (e.g. tipping off suspects). The implication is that individuals or businesses under investigation for copyright infringement can face criminal charges for interfering with investigations, separate from the primary infringement offence.
Notably, Section 53 ensures that while the NCC has broad powers, it must respect the rights of suspects pursuant to Sections 34 and 37 of the Constitution, including protection from unlawful searches and ensuring proportionality in seizures.
Institutional and Judicial Framework
By a combined reading of Section 251 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 103 of the Nigerian Copyright Act, 2022, and Section 73 of the POC Act, the Federal High Court has exclusive jurisdiction over proceedings related to copyright enforcement and proceeds of copyright infringement arising under the POC Act.
The POC Act also mandates the creation of a Proceeds of Crime Management Directorate within the NCC to oversee asset management. This includes assuming control of forfeited properties, appointing asset managers, ensuring transparency, and issuing operational guidelines.
All proceeds are to be deposited into a central Confiscated and Forfeited Properties Account maintained by the Central Bank of Nigeria and overseen by the DG of the NCC. Sections 68–69 outline categories of funds and require that forfeited assets, once vested in the Federal Government, extinguish any third-party claims.
Notably, Section 22(3) criminalises any attempt to repurchase forfeited property, thus preventing offenders or their associates from regaining access to assets derived from unlawful conduct.
Conclusion
The designation of the NCC as a relevant organisation under the POC Act marks a paradigm shift in Nigeria’s IP enforcement. Copyright infringement is now not only a rights violation but a serious economic and financial offence with tangible consequences. Infringers may face criminal prosecution, asset forfeiture, imprisonment, and reputational harm, while the NCC gains expanded investigative and recovery powers. However, significant questions remain about transparency, oversight, and restitution. The Act is silent on whether original copyright holders can benefit from recovered proceeds, despite being the primary victims. As copyright infringement primarily harms creators, a failure to link asset recovery with compensation mechanisms may result in justice being only partially served. Institutionally, the NCC’s capacity is expanded, potentially leading to more funding, operational support, and international cooperation. However, practical challenges—such as agency overlap, resource constraints, and judicial inefficiencies—may affect implementation. Nonetheless, by the integration of copyright enforcement into the broader proceeds of crime Nigeria signals a stronger commitment to protecting creative works and deterring piracy, laying the groundwork for a more robust intellectual property system.
Cynthia O. Igodo
A lawyer practising in Lagos, Nigeria
