Rev. Jesse-Daniels
Onuigbo Esq (Barrister-At-Law)
Of Comandclem
Nig. Ltd.
Speaks In An
Exclusive Interview With
The CCNL
Marketing Manager,
Yusuf Nurudeen (Associate Chartered Accountant).
Content
(1) Introduction
(2) Question No 1
On 2nd of January, 2015, the Judicial Workers in
Nigeria under the aegis of the Judiciary Staff Union of Nigeria (JUSUN)
embarked on an indefinite and a nationwide strike over the non-implementation
of court order with respect to the Autonomy of the Judiciary. What are your personal opinions on this
unexpected JUSUN strike?
(3) Question No 2
What have been the negative impacts of JUSUN strike on
the entire innocent litigating Nigerians?
(4) Question No 3
It is not a rumour that JUSUN strike has clashed with the
19th of January, 2015, a date set aside to entertain all outstanding
motions in suit SC./69/2011 pending before the Honourble Justices of the
Supreme Court of Nigeria.
What is the way forward in this regard?
1.0 Introduction
-Following the clash of JUSUN strike
with the hearing of the Patent Right Infringement
case instituted by Comandclem Nigeria Limited
against Mobil Producing Nigeria Unlimited scheduled to hold on the
19th of January, 2015 in the Supreme Court of Nigeria, most of
the court observers, court audiences, civil- case analysts, and most
importantly patentees have expressed mixed reactions over the unfortunate
clash that has necessitated unexpected case adjournment.
-JUSUN strike being a
nationwide and an indefinite judiciary industrial down-tool, CCNL Patentees
have expressed sympathetic concerns over the quick finalization of the fifteen
years (15) old case.
-To reduce the unnecessary tensions and misinformation in
circulation among the CCNL Patentees over the clash of JUSUN strike with 19th
of January, 2015 hearing date, The CCNL Marketing Manager, Yusuf Nurudeen (ACA), had an Exclusive Interview with the Corporate Legal
Counsel of CCNL, Rev. Jesse-Daniels
Onuigbo Esq.
-The contents of this interview are
stated below. Happy reading.
(2) Question No 1
(CCNL Marketing Manager asked a question from CCNL Lawyer
as follows)
On 2nd of January, 2015, the Judicial Workers in
Nigeria under the aegis of the Judiciary Staff Union of Nigeria (JUSUN)
embarked on an indefinite and a nationwide strike over the non-implementation
of court order with respect to the Autonomy of the Judiciary. What are your personal opinions on this
unexpected JUSUN strike?
(CCNL Lawyer replied the question as follows)
-Thank
you very much for this question.
-My
personal opinions on the current industrial strike embarked upon by JUSUN have
identified grievous fundamental faults, both on the
part of the Government, and JUSUN Executives.
-First
and foremost, why the Executive Arm of Government
in Nigeria has failed totally to comply with orders of a court of competent
jurisdiction in Nigeria?
-The
three (3) Arms of Government, The Executive, The
Legislature and the Judiciary, must be independent. But The Executive Arm of Government in Nigeria has
taken The Judiciary for a ride. The Judiciary
is not an appendage to the Executive, but an Independent
Arm of Government.
-Conversely,
the fundamental fault traceable to JUSUN Executives is that, Is a nationwide and indefinite strike a legal procedure to
enforce a valid judgment of a court of competent jurisdiction in Nigeria?
The answer is a re-sounding no.
-You
cannot use what is wrong to correct what is wrong. You
cannot enforce or implement a court order through a nationwide and indefinite
strike.
-To
implement or enforce a valid judgment of a court of competent jurisdiction in
Nigeria, you sue for contempt of court,
as simple as that.
-Thanks.
(3) Question No 2
(CCNL Marketing Manager asked another question from CCNL
Lawyer as follows)
What have been the negative impacts of JUSUN strike on the
entire innocent litigating Nigerians?
(CCNL Lawyer replied the question as follows)
-When
two elephants fight, the grasses suffer the consequences of the battle, is a
very popular African proverb.
-The
indefinite and a nationwide strike embarked upon by the Judiciary Staff Union
of Nigeria (JUSUN) is absolutely unfortunate in view of the fact that the strike has crippled every judicial activities in all
the Nigerian Courts.
-The
current industrial strike embarked upon by JUSUN has
brought hardship, suffering and pains to innocent litigating Nigerian Citizens.
-As
at 3rd of November, 2014, there were
two-hundred and two (202) appeals pending before the Honourable
Justices of the Supreme Court of Nigeria.
-Owing
to JUSUN industrial strike started three (3) weeks ago, none of those appeals could be entertained by the Honourable
Justices of the Supreme Court of Nigeria including the Appeals filed by Comandclem Nigeria Limited
and the Cross Appeal filed by Mobil
Producing Nigeria Unlimited.
-In
totality, JUSUN strike is unfortunate in the sense that it has amounted to a
contradiction in that the same court, which ruled in favour of JUSUN, have been
shut down in respect of the judgment. Thank you.
(4) Question No 3
(CCNL Marketing Manager asked another question from CCNL
Lawyer as follows)
-It is not a rumour that JUSUN strike has clashed with the 19th
of January, 2015, a date set aside to entertain all outstanding motions in suit
SC./69/2011 pending before the Honourble Justices of the Supreme Court of
Nigeria.
-What is the way forward in this regard?
(CCNL Lawyer
replied the question as follows)
“-The
determination of all the outstanding motions in the case between Comandclem
Nigeria Limited and Mobil Producing Nigeria Unlimited could not hold on the 19th
day of January, 2015, in the Supreme Court of Nigeria because of the unexpected
JUSUN strike.
-The
appeal of Comandclem Nigeria Limited is not the only appeal affected by JUSUN
strike in Nigeria. Over two-hundred and two (202) appeals pending before the Supreme
Court of Nigeria could not be entertained as a result of JUSUN strike. Those appeals must suffer adjournments.
-The
rule of the court is that when the court could not adjudicate upon an appeal
fixed for hearing on a particular date because of one reason or the other, the
appeal must suffer an adjournment; and as the court
pleases and on the discretion of the court, the court has a duty to
notify all parties the subsequent adjourned date.
-This
position of law was demonstrated by Honourable Justice Tsammani, (J.C.A) in the case between Conleth Anyamele Onyenobi V. Louis Amadi & Ors,
when the court said and I quote.
-‘‘It is the law that, where
a court adjourns a case beyond a date which the litigants have notice of the
hearing, the court has a duty to notify the parties of the subsequent adjourned
date.”
Per :Tsammani, (J.C.A) (P. 41, Paras. A-C)
Suit
No: CA/PH/643/2008.
-In
one word, the moment the JUSUN strike is either called off or suspended, as the
court pleases, and on the discretion of the court, the Honourable Justices of
The Supreme Court of Nigeria shall notify us the new hearing date. Thanks.”
Yusuf Nurudeen
(AAT, ACA)
CCNL Marketing
Manager
4, Ogudu Road,
Ojota,
Lagos.
+234-703-252-2248
CCNL Twitter Handle: www.twitter.com/Comandlem_Nig
Facebook group:www.facebook.com/groups/comandclemforum/
Instagram: www.instagram.com/comandclem_nig_ltd
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