RE: “How are you sure we're going to be victorious in court come
January 19th?
Content
1.0 Introduction
2.0 Fundamental Facts Of The Case.
3.0 Hearing Of The Case Dated 19th
Of January, 2015.
4.0 What Are The Pending Motions
Court Must Resolve Before Hearing The Substantive Appeal?
5.0
How Are You
Sure We're Going To Be Victorious In Court Come January 19th?
6.0
When Would The Court Entertain The Substantive Appeal?
7.0 How Are You Sure The Case Would Be Concluded In Year 2015?
8.0 What Is The
Final Judgment Day Of This Case?
9.0 Conclusion.
1.0 Introduction
1.1 On behalf of the entire Management Board in Comandclem
Nigeria Limited, I appreciate your questions, and most importantly your perseverance
& unalloyed support for CCNL on the ongoing patent right infringement litigation case between the Citizens of the Federal Republic of Nigeria
(CCNL) and A Foreign Multinational Oil Company
(Exxon Mobil).
2.0 Fundamental
Facts Of The Case.
2.1 King Professor CJA Uwemedimo,
the True and Statutory Inventor of
Anti-Corrosive Special Paint for QIT QAD RP: 13522, has good
developmental plans and programs for the entire Citizens
of the Federal Republic of Nigeria in his Social Security Scheme called King Clement Foundation & Committee Of Friend Ruling
Council.
2.2 The estimated royalty Mobil Producing Nigeria Unlimited was expected to
pay as a Judgment Debt to The Citizens Of The Federal Republic Of Nigeria
(CCNL) over the unauthorized
use/ infringement of the patented invention of King Professor CJA Uwemedimo in the ruling of Justice Kumai Bayang Akaash was over $24,544,104,000 computed between (5/8/1999 – 8/12/2009).
2.3 Justice
Kumai Bayang Akaash of the Federal Court of Appeal Calabar Judicial Division
failed to award this judgment debt (royalty, compensation, and damages) because
of two reasons which are stated below.
2.4.1 Justice Kumai Bayang Akaash claimed that the case of CCNL was
statute barred.
2.4.2 Justice Kumai Bayang Akaash claimed that CCNL failed to show
before him evidence that the infringement of its patented invention by Mobil
Producing Nigeria Unlimited continues after 4th of August, 1999 when
the invention was registered by King Professor CJA Uwemedimo.
2.5 Those two reasons adduced by Justice Kumai Bayang Akaash to deny CCNL over $24,544,104,000 being patent right infringement
compensation are being contested in the Supreme Court of Nigeria as far back as
year 2011 by the Legal Team of CCNL.
2.6 From the above royalty, King Professor CJA Uwemedimo promised each
CCNL Patentee the sum of =N=30,000 as monthly meal ticket under his Social Security Scheme, guaranteed employment
opportunities in gas and industries etc.
2.7 But unfortunately, the case
has suffered several adjournments in the Supreme Court due to the deliberate failure on the part of Mobil Producing Nigeria
Unlimited to file necessary processes/replies in the Supreme Court of Nigeria.
2.8 The possibility of finalizing the
case is feasible in year 2015 because it seems the court is ready to do substantial justice to the case and accelerates its
hearing with respect to issues set aside for determination in the
Substantive Appeal.
3.0 Hearing
Of The Case Dated 19th Of January, 2015.
3.1 The hearing of the case dated
19th of January, 2015 shall be the seven (7th) times the Supreme
Court of Nigeria will entertain motions/applications that emanated from the Substantive Appeals.
3.2 According to the Presiding Judge of the case, Honourable Justice Mahmud Mohammed (CJN) on 3rd
of November, 2014, he said and I quote him verbatim.
“Meanwhile
all pending motions in this matter are further adjourned to 19/1/2015 for
hearing.”
Per: Justice Mahmud Mohammed (CJN)
Suit: SC./69/2011
3.3 From the above pronouncement
of Justice Mahmud Mohammed (CJN) on 3rd
of November, 2015, it is obvious that the Honourable Justices of the Supreme
Court of Nigeria are ready to do substantial justice
to all the outstanding motions pending before the court on 19th of
January, 2015.
3.4 This is an indication that the
Honourable Justices of the Supreme Court of Nigeria are committed to dispensing justice on the case as quickly as possible
immediately all pending motions are resolved on 19th of January,
2015.
4.0 What
Are The Pending Motions Court Must Resolve Before Hearing The Substantive
Appeals?
4.1 The Honourable Justices of the
Supreme Court of Nigeria shall not entertain the Substantive
Appeals until all the Pending
Motions/Applications are resolved.
4.2 This position in law is supported by the pronouncements of Honourable Justice Tsamiya (JCA) in the case
between S.C.E.N and Nwosu when the court said and I quote.
“It is pertinent that all pending applications in
a suit be thrashed so as to avoid want of fair hearing.
A
court should not, per chance, give room for such complaints.
In
the instance case, where processes such as the applications left pending before
the trial court were the only documents filed by the defendant instead of the
motion of intention to defend with an affidavit prescribed by the rules, such applications/processes must be heard before the case is
determined on the merit.”
Per:
Justice Tsamiya (JCA) 2008 ALL FWLR
4.3 The
pending motions the Honourable Justices of the
Supreme Court of Nigeria shall entertain/resolve before hearing the Substantive Appeals are stated below.
(1)
An Application To Substitute The Name Of The First Appellant & First Cross
Respondent (Rev. (Dr) CJA Uwemedimo )
(2) An Application To Restore CCNL Appeal
(3)
An Application To Join Muideen Oyewo Adekunle As A Party To The Case.
(4)
An Application For Time Extension To File Cross Appellant Reply Brief.
5.0 How Are You Sure We're Going To Be Victorious In Court Come January
19th?
5.1 The
issues before the Honourable Justices of the Supreme
Court of Nigeria for determination on 19th of January,
2015 are not the Substantive Appeals upon
which the victory of CCNL suit can be evaluated.
5.2 It
will be unwise for me to make any comment on the Substantive
Appeals on a date (19/01/2015) set aside to entertain Pending Motions before the Honourable Justices of
the Supreme Court of Nigeria.
5.3 As
a result of this, and among things, it will be more reasonable to restrict my
comments to the Pending Motions set aside
for determination on 19th of January, 2015 as against making
comments on the Substantive Appeals, which
hearing date yet to be fixed.
6.0 When
Would The Court Entertain The Substantive Appeals?
6.1
Barring any unforeseen circumstances, immediately the Honourable Justices of
the Supreme Court resolve pending motions on 19th of January, 2015, as the court pleases and on the discretion of the court,
a new hearing date may be fixed to entertain the Substantive
Appeals upon which the victory of CCNL can be evaluated.
6.2
The issues set aside for determination in the Substantive
Appeals are stated below
6.3 Brief of argument filed by CCNL
ISSUE NO 1
1.
‘’ Whether in the final analysis,
the case, and in particular, paragraph 29 (iii), (iv), (v) and (viii) of the
Amended Statement of Claim dated 20/11/2001 is statute barred?
ISSUE NO 2
2. “Whether the infringement of the Appellants’
patent right by the Respondent is continuous, to entitle the Appellants to
compensation or royalty from the Respondents?
ISSUE NO 3
3. “Whether
from the totality of the pleadings of the Respondents (then Defendants), did
the Respondents deny and or successfully traverse the averments in paragraph 23
of the Appellants(then Plaintiffs) Amended Statement of Claim sufficiently for
the Appellants to be called upon to prove the continuous use of the Appellants
patented products by the Respondents?.
6.4 The Cross Appeal Filed by Mobil Producing Nigeria Unlimited.
ISSUE NO 1
Were the learned justice of the court
of appeal in error when they held that the alleged agreement to pay $2:00 per
barrel of every petroleum product to the plaintiffs/appellants/cross
respondents was not necessarily against public policy and that there was no
evidence to presume that the alleged agreement being envisaged was to
circumvent the provisions of the petroleum Act or to prevent the
Defendants/Respondents/ Cross Appellants from paying royalties to the Federal
Government?
ISSUE NO 2
Having regard to the unambiguous
provision in section 2(4) of the Patent and Designs Act Cap. 433 laws of the
Federation of Nigeria 1990, and the separate contract which is premised on
Exhibits 7, 7B and 7C (Purchase Orders) were the learned Justices of the Court
of Appeal in error to hold that the right to the patent in the invention
resides in the plaintiffs/Appellants/Cross Respondents who are the statutory
inventors?
7.0 How Are You Sure The Case Would Be
Concluded In Year 2015?
7.1 All the necessary correspondences fundamental for the
determination of the Substantive Appeals
have been filed and exchanged between
the Legal Counsels of Comandclem Nigeria Limited and Mobil Producing Nigeria
Unlimited.
7.2 Those legal correspondences are stated below.
(1) Amended Brief Of Argument:
Filed by CCNL
(2) Amended Respondent Reply
Brief: Replied by Mobil Oil
(3) Appellants Reply Brief:
Filed by CCNL
(4) Cross Appeal: Filed by Mobil
Oil
(5) Cross Respondents Reply
Brief: Replied by CCNL
(6) Cross Appellant Reply Brief:
Filed by Mobil Oil
7.3 Owing to the fact that the above legal correspondences have been filed and exchanged between the litigants
(CCNL & Mobil Oil), the Honourable Justices of the Supreme Court of Nigeria will be left with
no option than to give pronouncement on the case in year 2015.
7.4 The availability of the above stated legal correspondences will
enable the Honourable Justices of the Supreme Court of Nigeria to have unlimited
access to legal resources/documents that will facilitate the finalization of
the case in year 2015.
8.0 What Is The Final Judgment Day Of This Case?
8.1 Immediately after the hearing of the Substantive
Appeal, the Honourble Justices of the Supreme Court of Nigeria are
constitutionally bound to make a final judgment
within ninety (90) days there from.
8.2 The above
principle of law was demonstrated by Honourable
Justice Ibrahim Tanko Muhammad,
Justice, Court of Appeal in the case
involving Alh.
Mohammed Sanusi & Ors., and. Alh. Mohammed Bello Gidiya & Ors.Citation: (2006) LPELR-9808(CA) when he said and I quote him verbatim.
"Section 294(1) of the
1999 Constitution stipulates that: "Every Court established under this
Constitution shall deliver its decision in writing not later than 3 months after
the conclusion of evidence and final addresses, and furnish all parties in the
cause or matter determined with duly authenticated copies of the decision on
the date of delivery thereof.
Per: Justice Ibrahim Tanko
Muhammad J.C.A (Pp 19)
Suit
No: Alh. Mohammed Sanusi & Ors., and. Alh. Mohammed Bello Gidiya &
Ors.Citation.
(2006) LPELR-9808(CA)
9.0 Conclusion
9.1 The hearing of the case on 19th
of January, 2015, is specifically sets aside for the determination of all the
pending motions before the Honourable Justices of the Supreme Court
of Nigeria.
9.2 The Honourable Justices of the Supreme Court of Nigeria shall not
hear the Substantive Appeals until all
the pending motions/applications are resolved completely as demonstrated by Justice Ibrahim Tanko Muhammad J.C.A when he said and I quote him verbatim.
"It is the bounden duty
of a court to hear and determine all applications pending before it before
making a final pronouncement by way of delivering judgment.
See AMOO v. ALABI (2003) 12 NWLR (part 835) 537."
Per: Justice Ibrahim Tanko
Muhammad J.C.A
Suit
No: Alh. Mohammed Sanusi v Ors., and. Alh. Mohammed Bello Gidiya & Ors.
Citation: (2006) LPELR-9808(CA) J.C.A (P 18,Paras E-F)
9.3 As
a result of the above, and among things, it will be more reasonable to restrict
my comments to the Pending Motions set
aside for determination on 19th of January, 2015 as against making
comments on the Substantive Appeals, which
hearing date yet to be fixed.
9.4 Thanks.
Name:
Yusuf Nurudeen (B. Sc, AAT, ACA)
Head Office Address:
CCNL
Zonal Headquarters,
Position: CCNL
Marketing Manager
Number 4, Ogudu Road,
Ojota,
Lagos State.
Ondo
State Office:
Position: CCNL Ondo State Manager
No
32. Oba-Adesida Road,
Opposite
Airtel Office,
S.O.
Area,
Akure.
Mobil
Number: +2347032522248
CCNL Twitter Name: www.twitter.com/Comandlem_Nig
CCNL Corporate
Facebook Address: www.facebook.com/comandclemnigerialimited
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