THE OFFICIAL REPORT OF
THE LEGAL PROCEEDINGS
8TH OF APRIL , 2013
The Supreme Court Of Nigeria
Between
Comandclem Nigeria Limited
And
Mobil Producing Nigeria
Unlimited
SUIT
NUMBER:SC.69/2011
Content
(1) Background
Information.
(2) Pre-Hearing Preparations
Of Comandclem Nigeria Limited And Mobil Oil For 8th Of April, 2013
Case.
- CCNL Strategic
Approach To The Apex Court
- Mobil Oil
Strategic Approach To The Apex Court
(3) Motion On Notice Filed By The Litigants.
(4) The Proceedings Of 8th
Of April, 2013 In The Supreme Court Of Nigeria
(5) Blow By Blow
Account Of Arguments Of Lawyers On The Cross Appeal Filed By Mobil Producing Nigeria Unlimited
(6) The Rulings of
the Supreme Court of Nigeria On 8th Of April,
2013
(7) The
Interpretation Of The Rulings Of Justice Mahmud Mohammed On Cross Appeal Filed
By Mobil Producing Nigeria Unlimited
(8) The Impacts Of
The Rulings Of Court (Justice
Mahmud Mohammed) On Suit Sc./69/2011
(9) Personal Opinions Of Anti-Corrosive Vanguards On The Rulings
Of Court (Justice Mahmud Mohammed)
(10) Date Of Next Hearing Of The Suit No SC./69/2011
(11) Conclusion
PAGE 1 OF 11
Background Information
On 29th of January,
2013, the teaming lovers and supporters of King
Professor CJA Uwemedimoh across the globe were disappointed but
apparently hopeful while in the court room in realization of the facts that the
Supreme Court of Nigeria fallaciously assigned the case (SC.69/2011) of patent
right infringement litigation and breach of sole supplier agreement between
Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited to Honourable Justice Kumai Bayang Akaahs being
one of the five (5) Honourable Justices of the Apex Court Of The Land to
adjudicate the thirteen years old case.
Honourable
Justice Kumai Bayang Akaahs being one of the three (3) Justices of
the Federal Court of Appeal, Calabar Judicial Division that gave substantive verdict on the contested issues set-aside for
determination between Comandclem Nigeria Limited and Mobil Oil on 8th
of December, 2009, lacks judicial capacity to
entertain the same contested issues between the same parties twice
haven being promoted to the Supreme Court of Nigeria. It is axiomatic in the Nigerian Judicial System that a
judge cannot preside over his appeal. In realization of this judicial truism, the
case between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited
was shifted forward to 8th of April, 2013.
PAGE 2 OF 11
Pre-Hearing
Preparations of
Comandclem
Nigeria Limited
and Mobil Oil
CCNL Strategic Approach To The
Apex Court
King
Professor CJA Uwemedimoh hired the services of Barrister Rev. Jesse-Daniels Onuigbo
Esq of over twenty-two (22) years legal experience/knowledge in the Nigerian
case laws to lead the legal team of Comandclem Nigeria Limited to the Supreme
Court of Nigeria. This professional legal luminary called Barrister Rev. Jesse-Daniels Onuigbo
Esq displayed high level of expertise
on the assumption of office in this case
of patent right infringement and breach of sole supplier status between Comandclem
Nigeria Limited and Mobil Producing Nigeria Unlimited.
He believes that there are
some motions/processes which should have been filed in the Federal High Court,
Calabar Judicial Division before Justice Gladys K.
Olotu but were omitted. As a result of this, he filed some motions/processes before the apex court of
the land to enable the honorable justices of the Supreme Court of Nigeria to get acclimatize with the true picture and
totality of a 13-year-old case, though some of the motions/processes, he
anticipated may be refused.
Barrister Rev. Jesse-Daniels Onuigbo Esq
filed the following motions among other processes in the Apex Court Of The
Land.
PAGE 3 OF 11
Motion On Notice Filed By The Litigants.
(A) Motion On Notice Dated 6th
of February, 2012 praying the court for the followings.
(1) An order of court granting leave to the
Appellants/Applicants to amend their notice and grounds of appeal, and file an
amended Appellant brief thereto.
(2) For the “Amended Notice and Grounds of Appeal” and “Amended
Appellants Brief” annexed hereof and marked Exhibit V & VI respectively to
be deemed to be duly filed and served relevant court fees having been paid.
(3) An order of court granting leave to the
Appellants/Applicants to file additional documents in support of their claims.
(4) An order of court setting down this appeal for hearing.
(5) An order of accelerated hearing in this appeal.
(6) And for such further order or orders as this Honourable
court may deem fit to make in the circumstances.
(B) Motion On Notice Dated 6th of February, 2012 praying
the court for the followings.
(1) An order of court joining the Party Sought to be Joined as
Second Respondent in this suit.
(2) An order that all the court processes in this appeal be
served on the Party Sought to be joined at the head office of the Respondent at
Mobil House, Lekki Express Way, Victoria
Island Lagos, or alternatively, through courier service at the
EXXONNMOBIL CORPORATION HEAD QUARTERS, 5959 LAS COLINAS BOULEVARD, IRVING ,
TEXAS, UNITED STATES 75039-2298, (972) 444-1000.
(3) And for such further order or orders as the Honourable Court
may deem fit to make in the circumstance.
(C) Motion On Notice Dated 20th of December, 2012 praying the
Honourable court for an order to consolidate all the processes of the court in
suit no sc.198/2005 with those in the Substantive suit number sc./69/2011.
Mobil Oil Strategic
Approach To The Apex Court
On the other hand, the Legal
Counsel of Mobil Producing Nigeria Unlimited - Mike Ozekhome and Eyimofe Atake
filed the following processes /motions.
(1) A Substantive
Cross Appeal Dated 20th of March, 2012.
(2) Respondent’s Reply Brief to the Original
Appellant Brief of Argument of CCNL filed by former lawyer- (Dr. Tony Ukam)
PAGE 4 OF 11
The Proceedings Of 8th Of April, 2013 In
The Supreme Court Of Nigeria
On 8th of April,
2013, the teaming supporters and lovers of
King Professor CJA Uwemedimoh
across the globe were present in the Supreme Court of Nigeria to watch the life
proceedings of a (13) thirteen-year-old case
being re-litigated in the Supreme
Court of Nigeria for the second times on the same contested issues between the
same parties- Comandclem Nigeria Limited and Mobil Producing Nigeria
Unlimited. King Professor CJA Uwemedimoh
was also in the court room with his close associates, family members and
friends & well-wishers to hear the pronouncements of the Apex Court of the
land on motions/processes regularizations before the Honourable Justices of the
zenith court of the nation.
Honourable
Justice Mahmud Mohammed was the presiding judge supported by Honourable Justice Mary Peter Odili, Honourable Justice
Kayode Ariwoola and (2) other Honourable Justice at press time, we
don’t know. Comandclem Nigeria Limited was represented by Barrister Rev. Jesse-Daniels Onuigbo
Esq,and Ogunbodede Esq while Mobil Producing
Nigeria Unlimited was represented by Chief Mike Ozekhome and (8) others legal
luminaries.
Honourable Justice Mahmud Mohammed
who was the presiding judge ruled substantially on all the motions on notice
before the Supreme Court of Nigeria filed by either the legal counsels of
Comandclem Nigeria limited or Mobil Producing Nigeria Unlimited. For the
purpose of this report, we shall x-ray in details The
Substantive Cross Appeal filed by Mobil Producing Nigeria Unlimited on 11th of April, 2012, and signed & dated
by Dr. Eyimofe Atake on 20th of March, 2012. In our subsequent
publications, we shall consider other motions on notice regularized by the
Supreme Court of Nigeria on 8th of April, 2013 in the suit number
SC./69/2011. Thanks for your understanding.
PAGE 5 OF 11
Blow By Blow Account Of Arguments Of Lawyers
On The Cross Appeal Filed
By Mobil Producing Nigeria Unlimited
The
conversation below exhibited how
litigants argued on the cross appeal filed by Mobil Producing Nigeria
unlimited on 8th of April, 2013 before the Honourable Justices of
the Supreme Court Of Nigeria. Happy reading.
Court (Justice Mahmud Mohammed)
Do we have any order motion on
notice before this court?
Mike Ozekhome (Mobil Oil)
My
lord, we have a motion on notice dated 23th of March, 2012 but filed 11th
of April 2012.
Court (Justice Mahmud Mohammed)
Is the motion on notice signed by Dr. Atake?
Mike Ozekhome (Mobil Oil)
Yes
Sir. It was signed by Dr. Atake.
Court (Justice Mahmud Mohammed)
Under
which rule of this court are you filing this motion on notice?
Mike Ozekhome (Mobil Oil)
My
lord, we are bringing our motion on notice under:
-Order
2, Rule 31, Section 1,
- Order
6, Rule 1, of the Rules of the Supreme Court of Nigeria of 1985 as amended and
other inherent jurisdiction of this honourable court, my lord.
Court (Justice Mahmud Mohammed)
Barrister
Onuigbo, this application is just a sort of application to
file a cross appeal with you so that your Amended Notice Of Appeal, and Cross
Appeal of Mobil Oil could be heard together. Barrister Onuigbo, any objection to this application?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
My lord, we filed a counter-affidavit against this
application.
Court (Justice Mahmud Mohammed)
You filed a
counter-affidavit! You see? The cross appeal of Mobil Oil is already on the
ground. They shouldn’t cross appeal if they are unhappy with any part of the
judgment of the lower court which you are also appealing against in this court?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
My lord, what we are
saying is that Mobil oil ought to have brought this motion on notice (cross
appeal) before now. Mobil Oil ought to have filed this application. Mobil Oil
filed this application twenty-seven (27) months after the judgment of the lower
court delivered on 8th of December, 2009. My lord
…………..!!!!!..........!!!!!!!.........!!!!!!!!!?
Court (Justice Mahmud Mohammed)
Alright………….Alright…………Alright. Can Mobil Oil be granted an
extension of time to file a cross appeal? If Mobil Oil has any complaint
against the judgment of the lower court; the same judgment which yourself is
not happy about, so what prevent Mobil Oil from coming here to say whatever
they have to say against the judgment of the lower court?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
No objection my lord.
Court (Justice Mahmud Mohammed)
Thank you. Hope you are
not asking for cost?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
I am not asking for cost, my lord. We shall reciprocate the
gesture of the other party. My lord.
Court (Justice Mahmud Mohammed)
PAGE 6 OF 11
Court Ruling
The application for an enlargement of time for leave of
this court to cross appeal against the judgment of the Court Of Appeal Calabar
Judicial Division delivered on 8th of December, 2009 which was not
opposed is hereby granted.
The cross appeal already
filed in this court on 11th of April, 2012 is deemed properly filed
and served today - 8th of April, 2013.
The application by the respondent/cross appellant for the extension of
time to file respondent/cross appellant brief of argument is deemed properly
filed and served. The respondent/cross appellant brief of argument already
filed on 11th of April, 2012 is deemed properly filed today – 8th
of April, 2013. No order of cost.
PAGE 7 OF 11
The Interpretation Of Rulings Of Justice Mahmud
Mohammed On Cross Appeal Filed By Mobil Producing Nigeria Unlimited
Interpretation of legal terms.
In realization of the fact
that Mobil Producing Nigeria Unlimited absolutely failed to file A Substantive Cross Appeal In The Supreme
Court Of Nigeria within (3) months as provided for in the Supreme Court
Act, Chapter 424, Laws of the Federation of Nigeria 1990, Section 27,
Subsection (2A); Mike
Ozekhome recently Filed An Application For Leave
Of Court For Time Extension to File A Substantive Cross Appeal
Please, kindly allow me to quote The Supreme Court Act, Chapter 424, Laws Of The
Federation Of Nigeria 1990, Section 27, Subsection (2A);
27. (1) where a person desires
to appeal to the Supreme Court he shall give notice of appeal or notice of his
application for leave to appeal in such manner as may be directed by Rules of
Court within the period prescribed by subsection (2) of this section that is
applicable to the case.
(2) The periods
prescribed for the giving of notice of appeal or notice of application for
leave to appeal are-
(a) in an appeal in a civil
case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against
a final decision;
As a result of the above
statutory provisions, the leading legal counsel of Comandclem Nigeria Limited-Barrister Rev. Jesse-Daniels Onuigbo
Esq filed a Counter-Affidavit
Requesting The Honourable Justices Of The Supreme Court Of Nigeria To Dismiss
And Refuse The Cross Appeal Filed By Dr. Eyimofe Atake For Being Filed Out Of
Time Recognized By Law. To ensure that the A Substantive Cross Appeal succeeds before the Honourable Justices of the Supreme Court of
Nigeria, Mike Ozekhome filed An Application For
Time Enlargement To File A Cross Appeal as provided for under
section 31 of the Supreme Court Act, Chapter 424, Laws of the Federation of Nigeria 1990.
Please, kindly allow me to quote Section 31, Subsection (1) of the Supreme Court Act,
Chapter 424, Laws of the Federation of Nigeria 1990.
31. (1) The Court
may enlarge the time provided by these Rules for the doing of anything to which
these Rules apply, or may direct a departure from these Rules in any other way
when this is required in the interest of justice.
On 8th of April, 2013, the Leading Legal
Counsel of Comandclem Nigeria Limited - Barrister Rev. Jesse-Daniels Onuigbo Esq had
no option than to allow the Application For Leave Of Court For Time Extension to File A Substantive Cross
Appeal to succeed in a situation where such a request was made by the
Court (Justice Mahmud Mohammed).
Court (Justice Mahmud
Mohammed)
Alright………….Alright…………Alright. Can Mobil Oil be granted an
extension of time to file a cross appeal? If Mobil Oil has any complaint
against the judgment of the lower court; the same judgment which yourself is
not happy about, so what prevent Mobil Oil from coming here to say whatever
they have to say against the judgment of the lower court?
Owing to the
fact that the Application
For Leave Of Court For Time Extension to
File A Substantive Cross Appeal was granted
by the by
Court (Justice Mahmud Mohammed), the Substantive Cross Appeal filed by Mobil Oil was also
granted despite it was filed twenty-seven (27) months as against three (3)
months recognized by the law.
PAGE 8 OF 11
The
Impacts Of The Rulings Of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011
It is pertinent to
critically examine in detailed the possibilities of both positive and negative
impacts of the rulings of Court (Justice Mahmud Mohammed) On Suit
Sc./69/2011. Our abilities to carry
out judicial surgical operations on the pronouncements of Court (Justice
Mahmud Mohammed) On Suit Sc./69/2011 on 8th of April, 2013 with
respect to the regularizations of all the motions on notice will go a long way
to forecast the possible outcomes of a (13) thirteen- year-old-case between
Comandclem Nigeria Lomited and Mobil Producing Nigeria Unlimited.
In Our next publication, the entire
team of Anti-Corrosive-Vanguards shall review the pronouncements of Court
(Justice Mahmud Mohammed) On Suit Sc./69/2011 on 8th of April,
2013. Happy reading in advance.
PAGE 9 OF 11
Personal Opinions Of Anti-Corrosive Vanguards On The
Rulings Of Court (Justice Mahmud Mohammed)
The entire members of Anti-Corrosive Vanguards enjoy
the constitutional rights of freedom of speech on issues pertaining to the Patent Right RP 13522 Of King Professor CJA
Uwemedimoh. Our personal opinions shall be reserved until all the processes are
filed in the Supreme Court of Nigeria by the legal counsels of Comandclem
Nigeria Limited and Mobil Producing Nigeria Unlimited.
PAGE 10 OF 11
Date Of Next Hearing
The Suit No SC./69/2011
Going by the rulings of the Court (Justice Mahmud Mohammed) on 8th
of April, 2013, it was obvious that the court deemed the Amended Brief Of Argument filed by Comandclem Nigeria Limited
dully filed and served, and also deemed the Substantive Cross Appeal filed by Mobil
Producing Nigeria Unlimited dully filed and served. The legal implication of
this is that the Court expects the legal counsel of Comandclem Nigeria Limited
to file a reply (Respondent’s Reply On Cross Appeal)
to the Substantive Cross Appeal of Mobil Producing Nigeria Unlimited. In the
same vein, the court also expects the legal counsel of Mobil Producing Nigeria
Unlimited to file a reply (Respondent’s Reply on
Amended Brief of Argument) to the Amended
Brief Of Argument Of Comandclem Nigeria Limited. Those two
correspondences are expected to be dully filed and served with (8) eight weeks
as provided for in the Supreme Court Rule of 1985
(As Amended), Order 6, Rule 5, Section 2.
“The respondent
shall file in the Court and serve on the appellant his own Brief within eight
weeks after service on him of the Brief of the appellant. “
PAGE 11 OF 11
Conclusion
The
legal implications of granting both the Amended Brief of Argument filed by
Comandclem Nigeria Limited, and the Substantive Cross Appeal filed by Mobil
Producing Nigeria Unlimited in the Supreme Court of Nigeria exhibited
ostensibly that Honourable Justice Mahmud Mohammed was only keenly interested in the critical review or
re-litigation of the entire judicial pronouncements of the first appellant court before Honourable Justice
Kumai Bayang Akaahs majorly on the contested issues
set-aside for determination between the litigants.
The contested issues between
the litigants (CCNL and Mobil Oil) are un-reconcilable differences calling for
an immediate adjudication before the Honorable Justices of the Supreme Court of
Nigeria. From the perspective of Mobil Oil, this Oil Giant was not happy with
the two pronouncements of the Federal Court of
Appeal, Calabar Judicial Division before Honourable
Justice Kumai Bayang Akaahs who ruled categorically that Anti-Corrosive Special Paint for QIT
with patent number RP 13522 was invented by King Professor CJA Uwemedimoh, and
the oral agreement to pay the sum of $2:00 (Dollar) per barrel was not against
public policy (Petroleum Act).
Conversely, Comandclem Nigeria Limited was not
comfortable with the two pronouncements of the
Federal Court of Appeal, Calabar Judicial Division before Honourable Justice Kumai Bayang Akaahs who
ruled that paragraph 29 (iii),
(iv), (v), and (viii) of the Amended Statement of claim were statute barred,
and Comandclem Nigeria Limited failed to show evidence that the infringement of
the Latter Patent RP 13522 was continuous
after 5th of August, 1999 when the Patent Certificate was
issued by the Federal Government Of Nigeria to King Professor CJA Uwemedimoh.
It is the contention of Anti-Corrosive Vanguard that
paragraph 29 (iii), (iv), (v), and (viii) of the Amended Statement of claim
were not statute barred because of the fact that they constitute rem judicata ,
and the issue of continuous infringement on the Patent Right RP 13522 after 5th
of August, 1999 by Mobil Oil has never been an issue in dispute either at
interlocutory stage or the recent substantive stage of the legal battle.
NAME: YUSUF NURUDEEN (AAT, ACA)
POSITION: CCNL NATIONAL MARKETING MANAGER
OFFICE ADDRESS: CCNL ZONAL HEADQUARTERS, NUMBER 4, OGUDU ROAD,
OJOTA, LAGOS STATE.
MOBIL NUMBER: +2347032522248
TWETTER NAME: CCNL_PATENTEES
FACEBOOK NAME: COMANDCLEM PATENTEES
www.comandclem.org/forum/index.php?topic=3.32
3 comments:
Comandclem Nigeria Limited
Computerization Of Patentees` Database
Through
A Multi-Purpose Identity Card
In realization of an unexpected increase in the number of Patent-Right Holders in the intellectual property of King Professor CJA Uwemedimoh Called Anti-Corrosive Special Paint For QIT QAD with Patent Number RP:13522, the Management after due consultations with some information technology professionals resolved to Computerize The Patentees` Database through Multi-Purpose Identity Cards which is in line with best International Corporate Practice.
The inevitable needs to recognize Patent-Right Holders with Multi-Purpose Identity Cards will not only eliminate the era of office paper work but also create Data Reliability, Data Integrity And Most Importantly, Data Security.
This Multi-Propose Id Card allows both physical and digital recognition of Patent Right Investors through embedded integrated circuit chips capable of processing patentees` information with the aid of chips enabled terminals.
FREQUENTLY ASKED QUESTIONS
(1) What Is A Multi-Purpose I.D. Card?
A Multi-Purpose I.D. Card is an embedded integrated circuit chips I. D. Card capable of electronically storing and processing patentees` sensitive information with the aid of sophisticated chips enabled information technology devices. It boosts patentees` confidence and trust in a social security scheme, and most importantly, it makes administrative work easy for the Management because it eliminates herculean office papers` work, and creates Data Accuracy, Data Security And Data Reliability Among Others.
(2) Who Is Eligible To Apply For A Multi-Purpose I. D. Card Form?
Only a registered member of Comandclem Nigeria Limited either as A Patentee or A Committee of Friend is eligible to apply for a Multi-Purpose I. D. Card Form.
(3) Why Should Patentees Apply For Multi-Purpose I. D. Cards Form While The Case Is Still Ongoing In The Supreme Court Of Nigeria?
Comandclem Nigeria Limited is a proactive company driven by highly focused Management Team geared toward the actualization of the entire aims and objectives of the company within the shortest time possible. The Focused Management Team must not wait till the end of the case before embarking on the computerization of the entire Patentees` Database. In actual fact, the computerization of the CCNL Patentees` Database is overdue. Also, your company needs money to pursue the ongoing litigation in the Supreme Court of Nigeria.
(4) What Does It Take To Get A Multi-Purpose I. D. Card Form?
The cost of A Multi-Purpose I. D. Card form is free while
-The cost of Multi-Purpose I. D. Card is =N=2,000:00 &
-A passport.
(5) What Is The Method Of Payment?
Payment can be made through
- Registration & Information Offices of Comandclem Nigeria
Limited in your State.
Or
- Bank Name : Access Bank Nigeria PLC
Account Name: Comandclem Nigeria Limited
Account Number: 0042926342
(6) What Are The Pre-Requisites To Apply For A Multi-Purpose I. D. Card Form?
- An official receipt of registration or a bank teller
- CCNL completed registration form
(7) I Have Relocated To A New State Different From My State Of Registration. Can I Obtain The Multi-Purpose I. D. Card Form In My New State?
Yes. You can obtain your Multi-Purpose I. D. Card Form in your New State different from your State Of Registration. You must ensure that
(1) You write your State Of Registration in the Multi-Purpose I. D. Card Form.
(2) You collect your Multi-Purpose I. D. Card in the New State.
Note: Comandclem Nigeria Limited will ensure that your sensitive data are captured on our database among patentees in your state of registration. You Multi-Purpose I. D. Card will be collected in your New State.
(8) What Is The Administrative Implication If I Fail To Apply For A Multi-Purpose I. D. Card Form?
The administrative implication is that the sensitive data of any patentee that fails to apply for a Multi-Purpose I. D. Card Form will not be captured in the Corporate Data Base that will be made available on the internet in batches any moment from now. The authenticity of registration of such a patentee cannot be confirmed on the internet.
(9) What Is The Closing Date Of Applying For A Multi-Purpose I. D. Card Form?
The last stage of Patentees` Documents & Physical Verification Exercise is online confirmation of valid registration. The earlier the participation of patentees in the computerization exercise, The Better The Confirmation Of The Validity Of Their Registrations.
(10) I Cannot Find My CCNL Completed Registration Form And Official Receipt. Sensitive Data Therein Are Needed To Complete The Multi-Purpose I. D. Card Form. Please, How Can I Participate In The Multi-Purpose I. D. Card Registration Exercise?
This is not a problem. Contact the CCNL Manager in your State of Registration for your Multi-Purpose I. D. Card Form. CCNL Manager in your State of Registration will surely be of help to you in this regard.
For further enquiries, visit,
Comandclem Nigeria Limited,
No. 4, Ogudu Road,
Ojota,
Lagos State.
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