CONTENT
PAGES
(1)
Introdcution………………………………………………………………………………… 1 - 3
(2) Why You Claimed Our Investment
With
Comandclem Nigeria Limited Is
Saved?............................................ 4 - 6
(3)
Judicial Surgical Operation On The Verdict Delivered
By Honourable Justice Kumai Bayang Akaahs …….…………….……… 7 - 9
(4) The Interpretation Of The Verdict
Delivered
By Honourable Justice Kumai Bayang Akaahs
On Statute Barred
……………………………………………………….…………………. 10 - 12
(5)
Reasons Why Your Investment In Comandclem
Nigeria
Limited Is Saved And
Secured……………………………………. 13
(6) Reasons Why CCNL Patentees Should Not
Express Any Fear And Invest
More……………………….………………….. 14
(7) The Principles Of
Pleadings
Interpretation Of The
Judgment………………………………..………………. 15 -16
(8)
Evidence Of Continuous Infringement
On
The Patent Right RP: 13522 By……………………………………………… 17- 20
(9) How Honourable Justice Kumai Bayang
Akaahs Erred In
Law……………………………………………..………………………… 21 - 23
(10) Conclusion
……………………………………………………….…………………………. 24 -27
Introduction
Why
are you telling us stories?
Mr. Shamsideen Aremu,
I am very happy to meet you Sir. I consider it paramount to clarify certain
issues before you today. For your information, I am not a story-teller but An Illustrious National
Marketing Manager of Comandclem
Nigeria Limited from Number 4, Ogudu Road, Ojota, Lagos State. I report the legitimate
activities and objectives of Comandclem Nigeria Limited with the aid of
international network called internet. When The Libration News Paper failed to publish for some
logistic reasons, I single handedly publish The Patentees` Online News Papers, & The
Inventor’s Magazine. I have a lot of those publications to my credit. I work for free without any
salary. Get this fact clear today if you are not aware before. I
came out to help CCNL Patentees updated on facts and figures about their investments.
I don’t deserve any form of insult. Ok?
Mr. Shamsideen Aremu for your
information, I report the transformation of Nigerians most especially the CCNL
Patentees from poverty to affluence, from joblessness to gainful employment,
from worst health conditions to improved heath situation, from worst road
network to improved road network system. I report facts and figures backed-up with verifiable
documentary evidences. Hello, get it clear.
This is a serious issue, not a joking matter. I stand out among hundreds of
thousands on the internet. There was an occasion I personally spent
over =N=9,500:00 to scan CCNL litigation documents on the internet in my genuine
missions to expose the criminal acts committed by Mobil oil in Nigerian economy,
and to regularly inform CCNL Patentees on the level of their investments in
Comandclem Nigeria Limited . I repeat without any reservation to anybody, I don’t deserve any form of insult from anybody, including
you. Ok?
In as much as I have been able to clarify
this misrepresentation of my
personality and mission statements, let me attend to your questions.
Each time you ask me questions on face book – www.facebook.com/ComandclemNigeriaLimited, I
always refer you to CCNL forums www.comandclemonline.com/forum & www.comandclem.org/forum. The reasons are that, I
want a wider participation of viewers, and centralization of pools of
information. Several cyber attacks by agents of Mobil Oil on those forums
accounted for little challenges in terms of unsuccessful registration of
patentees in the forums. We shall soon get over those cyber attacks challenges.
With God, everything is possible.
Why You Claimed Our Investment With
Comandclem Nigeria Limited
Is
Saved And You Are Not Taking Massive Action Against
Mobil Producing Nigeria Unlimited
In Order To Get The Royalties Fast From Them?
Mr. Shamsideen Aremu kindly allows
me to sub-divide the above questions into two questions to enable me to crush them to powder - according to Justice
Gladys K. Olotu of the Federal High Court, Uyo.
Question (1A)
Why
you claimed our investment with Comandclem Nigeria Limited is saved?
Question (1B)
Why
can’t Comandclem Nigeria Limited take massive actions against Mobil Producing
Nigeria Limited in order to get the royalties fast from them?
Respond To
Question (1A)
When I read through this
question, I was very happy in the sense that the question gives me wide ranges
of opportunities to demonstrate before you the
cogent reasons why you should invest more and upgrade your investment in CCNL
from a Patentee to a Noble, even a Knight, if possible. My vast
Accountancy and Legal knowledge in the financial world most especially
patent-rights investments exhibited ostensibly that no investor complains of financial crises when
invested in company dealing in perfectly inelastic commodities. Your investment in
patent-right is not only saved but also risk-free. In this type of investment,
your money works for you. Yes! I mean it.
To show that your investment in CCNL is
saved and secured, I need to employ some financial and legal terms to demonstrate
my arguments before you. For the purpose of this write-up, I will limit my
financial and legal terms to the investment sayings of Warren Buffett, and The Principles Of Pleadings &
Doctrine Of Stare Decises with respect to the litigation between Comandclem
Nigeria Limited and Mobil Producing Nigeria Unlimited in the Supreme Court of
Nigeria -SC./69/2011. Mr. Shamsideen
Aremu, I sense that you are afraid of the possible outcomes of the pending
litigation between Comandclem Nigeria Limited and Mobil oil in the Supreme
Court of Nigeria. It is axiomatic to affirm that – risk comes only from not knowing what you are
doing. In Comandclem Nigeria Limited, we (The Management Team headed by
King Professor CJA Uwemedimoh) knew what we have been doing in the past, what
we are doing now, and what we shall do in the future. As a result of those, we
bear no risk in all our dealings. Yes, I mean it. No shaking. With God,
everything is not only possible but also achievable.
I will not fail to make references to the
Judgment delivered by Honourable Justice Kumai
Bayang Akaahs in an honest bid to clarify
hidden issues unknown to majorities of CCNL Patentees. In carrying
out a judicial surgical operation on the verdicts delivered by Honourable Justice Kumai Bayang Akaahs, I will
show clearly parts of his rulings in favour of CCNL, and the other
parts unfavourable to CCNL - now being contested in the Supreme Court of Nigeria. At the
end of the day, I will demonstrate before you justifiable reasons why Mobil Oil
will fail in the Supreme Court of Nigeria. Yes, I mean it. CCNL will get the
royalty because of the fact that parties are bound by their pleadings.
You cannot eat your cake and have it back. In law, it is called The Principles Of Approbation
& Reprobation.
Judicial Surgical Operation
On The Verdict Delivered By
Honourable
Justice Kumai Bayang Akaahs
(A)
Part Of The Rulings Favourable To CCNL
(1)
The Ownership Of The Patent Right RP: 13522.-Now
Being Contested By Mobil Oil In Their Cross Appeal Filed In The Supreme Court
Of Nigeria
Honourable Justice Kumai Bayang
Akaahs said and I quote
I wish to say straightaway that having applied for the
patent and the patent certificate No. RP:13522 was issued (Ex. 2) Comandclem
Nigeria Limited became the registered Patentee in the invention called
Anti-Corrosive Special paint for QIT (Tran steel Blue, White Enamel Q.A.D.)
with effect from 5/8/99.
(2) The Case of CCNL Is Not
Contrary To Public Policy. - Now Being Contested By Mobil Oil In
Their Cross Appeal Filed In The Supreme Court Of Nigeria.
Honourable Justice Kumai Bayang
Akaahs said and I quote
I do not agree with the trial judge that an agreement
to pay $2:00 per barrel of every petroleum product to plaintiffs would
necessarily be against public policy.
(B)
Parts Of The Rulings Unfavourable To CCNL- now being
contested in The Supreme Court of Nigeria by CCNL
(1)
The Case of CCNL Is Statute Barred Including Paragraph 29 (iii),
(iv), (v) and (viii)
Honourable Justice Kumai Bayang
Akaahs said and I quote
-As at the time the Court of Appeal (Justice Chukwuma-Eneh)
ruled that the claims in paragraph 29 (iii), (iv), (v) and (viii) of the Amended
Statement of Claim were not affected by the limitation law, there was no
consideration of the evidence to be adduced.
-As it turned out the purported infringement occurred
in the early 1980s and since the action was commenced in 2000, it is statute
barred even if they had proved their case as there is no evidence that the
infringement has continued after the Patent for the invention was registered.
The Interpretation Of The Verdict Delivered By
Honourable
Justice Kumai Bayang Akaahs
On
Statute Barred
(1) As at the time Mobil
Producing Nigeria Unlimited was said to have infringed the invention of CCNL in
1980s, the said invention was not registered.
(2) The said invention belongs
to nobody statutorily between 1980s and 4th of August, 1999 because
it was not registered by CCNL during those periods. – Period Of Legal Disability
(3) Comandclem Nigeria
Limited became the statutory inventor on 5th of August, 1999 when
the invention was registered. – Period Of Legal Ability
(4) After the
registration of this invention by CCNL on 5th of August, 1999, Court
of Appeal claimed that CCNL failed to show evidence of continuous infringement
of the invention by Mobil Oil. – Argument On Continuous Infringement.
(5) Court claimed that
Mobil Oil infringed on the said invention in 1980s when it was not registered but
a legal action was taken against Mobil Oil in the year 2000 by CCNL, as a
result of this 19 years legal disability, the case of CCNL is statute barred.- Argument On Limitation Of
Action.
(6) Because of the fact
that the case of CCNL is statute barred- (commenced after 19 years as against 5
years according to Akwa-Ibom State Laws) royalty, compensations and damages
should not be paid. –
Argument On Statute Barred.
(7) As at the time Justice Chukwuma-Eneh ruled that the claims in paragraph 29
(iii), (iv), (v) and (viii) of the Amended Statement of Claim were not statute
barred, there was no consideration of the evidence to be adduced.- Doctrine Of Stare Decises,
Mr. Shamsideen Aremu, please
at this juncture, I need your maximum attentions with respect to the issues
analyzed above. I can sense some signs of fears and tensions. This is because
most of the legal terms demonstrated above may not be appreciated in reference
to the legal battle between Comandclem Nigeria Limited and Mobil Producing
Nigeria Unlimited in the Supreme Court of Nigeria – SC./69/2011.
Members of Anti-Corrosive Vanguard are not intimidated by the judicial
pronouncements stated above because of the fact that- We Have Invested In An Idea That Can Be
Illustrated With A Crayon. Let me illustrate with a crayon reasons why
you should invest more & more, even upgrade your investments in Comandclem
Nigeria Limited.
Reasons Why Your Investment In
Comandclem Nigeria Limited
Is Saved And Secured
The Purpose Of An Appeal In The
Supreme Court
I need to re-emphasize that the
Management of Comandclem Nigeria Limited headed by King Professor CJA
Uwemedimoh has appealed the above verdict delivered by Honourable Justice Kumai Bayang Akaahs in the
Supreme Court of Nigeria with suit number SC/69/2011.
CCNL filed an appeal in the Supreme Court of Nigeria to correct some fundamental errors in the verdicts of
Honourable Justice Kumai
Bayang Akaahs of
the Federal Court Of Appeal
Calabar Judicial Division.
According to Honourable Justice Nwali Sylvester
Ngwuta – Justice Supreme Court, He said and I
quote.
"An appeal is a resort to a superior
Court to review the decision of an inferior court and find out whether
on the facts placed before it, and applying the relevant and applicable law, the
inferior court came to a right or wrong decision.
Per: NGWUTA, J.S.C.- Suit No: SC.125/2003
Reasons Why CCNL Patentees
Should Not Express Any Fear
And
Invest More.
According to Warren Buffet, he said and I quote.
I will tell you how to become rich.
Close the doors. Be fearful when others are greedy. Be greedy when others
are fearful. At this level of the case, potential or existing CCNL
Patentees should be
greedy to invest in the intellectual property of Comandclem Nigeria Limited –
RP:13522.
This is not only because of the facts that Investment In Knowledge Pays The Best Interest but
also The Principles Of
Pleadings, Doctrine
Of Stare Decises, And Principles
Of Ratio Decidendi are favourable to Comandclem Nigeria Limited in the
suit number SC./69/2011.
It is apparent that the above principles of
laws may not be appreciated in the sense that most of my readers lack basic
legal knowledge in litigations in reference to the legal battle between
Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited in the Supreme
Court of Nigeria. As a result of above, I shall explain each of those legal
terms in reference to suit number SC./69/2011.
At the end of the day, you
will agree with me that your investment in Comandclem Nigeria Limited is saved
and secured; and you will have reasons to invest more.
The Principles Of Pleadings
Honourable Justice Kumai Bayang Akaahs said and I quote
-As it turned out the purported infringement occurred
in the early 1980s and since the action was commenced in 2000, it is statute
barred even if they had proved their case as there is no evidence that the infringement has
continued after the Patent for the invention was registered.
Interpretation
of the judgment
Honourable Justice Kumai Bayang Akaahs
held that Mobil Oil infringed the invention of the CCNL in 1980s, but CCNL should
show evidence that after the registration of the invention on 5th of
August, 1999, the infringement of the patented invention of King Uwemedimoh
RP:13522 was continuous.
The Federal Court of
Appeal, Calabar Judicial Division before Honourable
Justice Kumai Bayang Akaahs held that CCNL
should show evidence of continuous infringement on the patented invention
RP:13522 after registration before compensation, damages and royalties could be
paid.
The above judicial pronouncement
exhibited golden opportunities
for potential and
existing patentees to
invest huge amount of capital into the intellectual property of
Comandclem Nigeria Limited so as to reap bumper return on investment. Substantial proportion of your
income should be tailored toward investment because your expenditure on investment has positive
impacts on your level of financial success. According to Charles A. Jaffe, he said
and I quote
. It is not your salary that makes you
rich.
It is your spending habit that makes you rich.
Here is an ample opportunity to
turn =N=30,000:00 investment
on intellectual property to =N=30,000:00 return on investment on monthly bases. Business
opportunity comes but once in a life time. Grab this opportunity now before it
is too late.
What is required from the Management of
Comandclem Nigeria Limited before the Honourable Justices of the Supreme Court
of Nigeria is evidence of
continuous infringement of the patented invention of King Professor Uwemedimoh
– RP: 13522 so as to be entitled to compensation, damages and most importantly,
royalty. The ability of the CCNL Legal Counsels to demonstrate this evidence of continuous
infringement amounts to MEGA-MONEY evaluated in terms of COMPENSATION, DAMAGES AND ROYALTIES. Yes, I mean it.
Evidence Of Continuous Infringement
On The Patent Right RP: 13522 By
Mobil Producing Nigeria Unlimited
On 9th of May, 2007,
Mobil Producing Nigeria Unlimited filed an Amended Statement Defense in respond to the Amended Statement of Claim
filed by Comandclem Nigeria Limited on 20th of November, 2001.The Management
of Mobil Producing Nigeria Unlimited pleaded and admitted as follows
Paragraph 54 (ii)
At the date of filling of the patent
application by the 1st plaintiff (King Professor CJA Uwemedimoh) in
respect of the alleged paints/chemicals (Anti-Corrosive Special Paint), the
defendants (Mobil Producing Nigeria Unlimited) were already conducting an
undertaking in Nigeria with respect to the efficacy of the paints that will
suit the defendants` oil pipelines, and as a result of the said undertaking, they were already manufacturing the
paints (Anti-Corrosive Special Paint) and/ or applying for the process
for the manufacture of the paints. Therefore the defendants (Mobil Producing Nigeria Unlimited) are entitled to continue to apply and use those paints/chemicals
(Anti-Corrosive Special Paint) in law.
The above expressly pleaded and
admitted act of continuous infringement of the patented invention of CCNL – PR:
13522 after the registration are evidences required to be exhibited before the
Honourable Justices of the Supreme Court of Nigeria so as to be entitled to
damages, compensation and royalties. As a result of the above
undisputable and inerasable act of illegality confidently perpetrated by Mobil
Producing Nigeria Unlimited, no existing or potential CCNL patentees should have any course to
express fear over their investments because of the fact that both the court and parties are bound by
their pleadings.
The case between Comandclem Nigeria Limited and Mobil Producing Nigeria
Unlimited in the Supreme Court of Nigeria only requires the Legal Counsels of
CCNL to exhibit Paragraph 54 (ii) of Amended
Statement Defense to the Honourable Justices of the Supreme Court of Nigeria in
reference to pleaded and
admitted claims of continuous infringement on the patented invention of King
CJA Uwemedimoh so
as to get royalty, damages and compensations. This admitted claim is enough to sustain
CCNL victory in the Supreme Court of Nigeria as demonstrated by Honourable
Justice Niki TobiJ.S.C in the Suit No: SC.384/2001. See below.
In
The Supreme Court of Nigeria
On Friday, the 30th day of June,
2006
Suit
No: SC.384/2001
BONIFACE
ANYIKA &
COMPANY LAGOS NIGERIA LIMITED
VERSUS
KATSINA
U. D. UZOR
“Pleadings are averments by
the party which he claims to be the facts of the case. As far as the party is
concerned, the facts pleaded have the content and the strength to give him
judgment in the case. In
the case of the plaintiff, the pleadings without more, can only give him
judgment where the
defendant admits the claim or relief.”
Per: Jutice Niki TobiJ.S.C. (P.12, Paras.
A-B)
Base on the above authority, it
is manifestly cleared that the Management of Mobil Producing Nigeria Unlimited
headed by Mark R. Ward must be bound by
their pleadings in the sense that they have admitted the claims of CCNL.
In law, whatever has been expressly admitted in the pleadings requires no
further proof. Any
admission made in pleadings binds a party making the admission and therefore the facts need no further
proof.”
Per: Sowemimo, JSC.
(Oke-Bola v. Molake (1975) 12 SC 61
at 62)
Mobil
Oil is only buying time, they must pay CCNL royalty. With this and other
weapons of laws yet to be illustrated, CCNL Patentees should have course to
celebrate in advance.
How
Honourable Justice
Kumai Bayang Akaahs
Erred In Law
At this juncture, it is
sensible to exhibit how Honourable Justice Kumai Bayang Akaahs
misunderstood the case- (No. CA/C/15/2009) before him by defending Mobil Oil on allegations Mobil Oil
conspicuously pleaded and admitted in their Statement Of Defense. At no
time, right from the inception of the case, the Management of Mobil Producing
Nigeria Unlimited headed by Mark R. Ward
categorically denied the continuous infringement on the patented invention of
CCNL after registration of the invention on 5th of August, 1999.
Mobil Oil confidently pleaded and admitted that they were already manufacturing, and even entailed to continue to apply and use in law the patented
invention of CCNL after registration on 5th of August, 1999 -
Paragraph 54 (ii) of Amended Statement
Defense dated on 9th of May, 2007.
The questions are
(1) Does
Honourable Justice Kumai Bayang Akaahs has jurisdiction to defend Mobil
Oil on allegation expressly pleaded and admitted by Mobil Oil?
(2)
Why Honourable Justice Kumai Bayang Akaahs was not bound by the
pleadings (Paragraph 54 (ii)) of Mobil
Oil on continuous infringement on the intellectual property of CCNL?
(3)
Why Honourable Justice Kumai Bayang Akaahs raised issues not in dispute
between CCNL and Mobil Oil only to deny the first black inventor the legitimate
royalty, compensation and damages?
(4) Why Honourable Justice
Kumai Bayang Akaahs raised issued not before the court only to deny the
first black inventor the legitimate royalty, compensation and damages?
(5) Why Honourable Justice Kumai
Bayang Akaahs went outside the pleadings of the parties, and records of the
courts in search of evidence only to deny the first black inventor the
legitimate royalty, compensation and damages?
For
the fact that Honourable
Justice Kumai Bayang Akaahs failed woefully to be bound by the pleadings of Mobil
Oil and record of the courts, it is apparently cleared that Honourable Justice Kumai Bayang Akaahs
erred in law. In Nigerian Laws, courts are bound by the pleadings of the
parties as demonstrated in the suit number (Suit No: SC.61/2009)
delivered by MOHAMMED, J.S.C.
In
The Supreme Court of Nigeria
On Friday, the 25th day of January,
2013
Suit
No: SC.61/2009
PRINCE ABUBAKAR AUDU
Versus
FEDERAL REPUBLIC OF NIGERIA
"The law is trite that an
appellate Court cannot go outside the records of appeal in search of evidence
favourable to any of the parties. Like pleadings which bind parties at the High
Court, the Court of Appeal and the Supreme Court, as appellate Courts, are clearly
bound by the records of appeal.
PER: MOHAMMED, J.S.C. (P.10)
Conclusion
In order to succeed in
life, your desire for success should be greater than your fear of failure.
At the inception of this write-up, I affirmed that – “my vast Accountancy and
Legal Knowledge in the financial world most especially patent-rights
investments exhibited ostensibly that no investor
complains of financial crises when invested in company dealing in perfectly
inelastic commodities.” CCNL invention is associated with Petroleum Products,
Liquefied Natural Gas, & Other Barrel Gases which are perfectly
inelastic commodities in nature. Any sharp increase in the prices of those
inevitable commodities has no impact on the level of consumption. As a result
of this, the request for Anti-Corrosive Special Paint for the extraction of Petroleum
Products, Liquefied Natural Gas, & Other Barrel Gases will be
inexhaustible.
Base on the above facts and figures
among other things, it is manifestly cleared that the investments of CCNL
Patentees in the Intellectual Property – RP. 13522 is saved and secured because
throughout the case, Mobil Oil admitted on continuous infringement on the
patented invention of King Professor CJA Uwemedimoh. Mobil Oil categorically
pleaded that they were even entitled in law to continue to apply and use
Anti-Corrosive Special Paint in the extraction of Petroleum Products,
Liquefied Natural Gas, & Other Barrel Gases. Why Honourable Justice Kumai Bayang Akaahs cried
more than the bereaved by defending Mobil Oil on allegations Mobil Oil never
had the courage to deny? The
Legal Team of CCNL is now in the Supreme Court of Nigeria to correct this
judicial fallacy of Honourable Justice Kumai Bayang
Akaahs. Without any controversy, justice will be done to the case in
the Supreme Court of Nigeria in realization of the fact that the
purpose of appeal is to correct the errors in the verdicts of the lower courts.
Outstanding Questions
(A) Miss
Memshima Winifred Nambativ from Abuja, Nigeria
When payment commences, will it be done through existing banks or through Comandclem Banks that are not even built yet?
When payment commences, will it be done through existing banks or through Comandclem Banks that are not even built yet?
(B)
Shamsideen Aremu From Lagos, Nigeria
Question (1B)
Question (1B)
Why can’t Comandclem Nigeria Limited take
massive actions against Mobil Producing Nigeria Unlimited in order to get the
royalties fast from them?
(2) How can we believe what you are telling us?
(3) Do you want us to die before you take action against Mobil Producing Nigeria Unlimited?
(2) How can we believe what you are telling us?
(3) Do you want us to die before you take action against Mobil Producing Nigeria Unlimited?
Detailed answers shall be
provided to the above outstanding questions in our subsequent publications.
Thanks for your understanding.
NAME:
Yusuf Nurudeen (B.Sc., AAT, ACA)
POSITION:
CCNL National Marketing Manager
Office
Address: CCNL Zonal Headquarters,
Number 4, Ogudu Road,
Ojota,
Lagos State.
MOBIL NUMBER: +2347032522248
TWETTER NAME: www.twitter.com/COMANDLEM_NIG
FACEBOOK NAME: COMANDCLEM
PATENTEES
CCNL
FORUM: www.comandclem.org/forum/index.php?topic=3.32
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