Sunday 4 October 2015

Federal High Court Ordered BOD Members In Comandclem Nigeria Limited To Hold A Meeting

Federal High Court Ordered BOD Members In
 Comandclem Nigeria Limited To Hold A Meeting


Content
(1.0) Introduction: Fundamental Fact Of The Case
(2.0) Barrister Jesse Daniels Onuigbo And Prince Ajamu Sunday
 Sued Over Breach Of Their Fundamental Human Rights
(3.0) Honourble Justice Ijeoma L. Ojukwu Ordered Board Of Director in CCNL To Hold A Meeting.
(4.0) Board Of Directors In Comandclem Nigeria Limited Holds A Meeting On Wednesday, 7th Of October, 2015
(5.0)   The Impacts Of Court’s Ruling On Patentees` Investments
(6.0)   Conclusion


(1.0) Introduction: Fundamental Fact Of The Case

(1.1)  It was on record that on the 23rd day of February, 2015, Prince Reginould   Uwemedimo on the instruction of his mother, Queen Akon Uwemedimo, arrested Barrister Jesse Daniels Onuigbo with a team of Policemen headed by ASP Charles Abassi, from the Zone 6 Police Headquarters Calabar in a Board of Director`s Meeting at the Company’s Head Office at No. 23 Aka Idak Eyop Street Uyo, by 2:00pm.

(1.2) The late arrival of Prince Ajamu Sunday to the venue of the BOD Meeting eluded him of being arrested by Prince Reginould   Uwemedimo on the 23rd day of February, 2015.
(1.3) The crimes committed by Barrister Jesse Daniels Onuigbo
 and Prince Ajamu Sunday  upon which the former was arrested and detained were only presented to Barrister Jesse Daniels Onuigbo  in a petition written by Prince Reginould   Uwemedimo and deposited at Zone 6 Police Headquarters Calabar include that;

(1.3.1)Barrister Jesse Daniels Onuigbo is impersonating himself as the Executive Secretary of the company, and equally attempting to hijack the company.
(1.3.2)Prince Ajamu Sunday in 2011 sold one of the company’s vehicles, and that Prince Ajamu Sunday is an agent of Barrister Jesse Daniels Onuigbo.


(2.0) Barrister Jesse Daniels Onuigbo And Prince Ajamu Sunday
 Sued Over Breach Of Their Fundamental Human Rights

(2.1) Sequel to the arrest and the subsequent detention of Barrister Jesse Daniels Onuigbo, and threat to arrest and detain Prince Ajamu Sunday over the aforesaid allegations, their lawyer, Barrister Onyekachi. M. Ede Esq, from Providence Chambers, 13 Nnobi Road, Nnewi, Anambra State, had instituted a One Hundred Million Naira damages suit against the Respondents for the infringement of their fundamental rights before Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) of the Federal High Court, Uyo.

(2.2) The Respondents in the suit are stated below.
The Respondents
1.      Prince   Reginould   Uwemedimo
2.     Queen  Akon   Uwemedimo
3.     Prince   Clement   Uwemedimo                                   
4.     Mr.   Abiola   Olatunji
For themselves and as representing members of the Board of Directors of Commandclem Nig. Ltd excluding the Applicants
5.     Commandclem   Nig.   Ltd                                              
6.     Pastor   Monday   Obo   Akpan
7.     Innocent   Ita
8.     ASP Charles Abassi          
9.     Assistant Inspector-General Of Police (AIG) Zone 6 Calabar
10.    Inspector-General Of Police.

(3.0) Honourble Justice Ijeoma L. Ojukwu Ordered Board Of Directors in CCNL To Hold A Meeting.

(3.1) On the 23rd day of September, 2015, when the case involving Rev. Barr Jesse Daniels Onuigbo & Prince Ajamu Sunday Versus Prince Reginould Uwemedimo, Queen Akon Uwemedimo, Pastor Monday Obo Akpan, Innocent Ita & 6 others came up for hearing before Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) of the Federal High Court, Uyo, two lawyers from different law chambers; Barrister Linus Mbey (ESQ) with Daniel Ogbunya (ESQ), and Barrister Ifeanyi Idika (ESQ) announced their appearances for Comandclem Nigeria Limited in the suit.
(3.2) In her ruling, Honourble Justice Ijeoma L. Ojukwu acknowledged this confusion of two counsels appearing for Comandclem Nigeria Limited (the 5th Respondent) when the court said and I quote.

“ AND THE HONOURABLE court having observed that two counsel are appearing for the 5th Respondent.”

(3.3) To solve the problem of two counsels appearing for Comandclem Nigeria Limited, Honourble Justice Ijeoma L. Ojukwu ordered that the Board Of Directors in Comandclem Nigeria Limited to hold a meeting to resolve the problem when the court said and I quote.

“That parties shall produce a letter after a proper meeting of the company as provided under the Company And Allied Matters Act addressed to the registrar of this court, stating the name of counsel who has been authorized by the company to represent the 5th Respondent in this case.”

(3.4) The ruling of Honourble Justice Ijeoma L. Ojukwu ordering the Board of Directors in Comandclem Nigeria Limited to hold a meeting is supported by section 223 of the Company and Allied Matter Act, 1990 as amended and I quote.

223. Power Of Court To Order Meetings 
 (1) If for any reason it is impracticable to call a meeting of a company or of the board of directors in any manner in which meetings of that company or board may be called, or to conduct the meeting of the company or board in the manner prescribed by the articles or this Act, the court may, either of its own motion or on the application of any director of the company or of any member of the company who would be entitled to vote at the meeting, in the case of the meeting of the company, and of any director of the company, in case of the meeting of the board, order a meeting of the company or board, as the case may be, to be called, held and conducted in such manner as the court thinks fit, and where any such order is made, may give such ancillary or consequential directions as it thinks expedient

(3.5) Furthermore, the pronouncement of Honourble Justice Ijeoma L. Ojukwu calling for a meeting among the Board of Directors in Comandclem Nigeria Limited is also supported by the authority of Honourble Justice Coker, J.S.C in the suit involving Iro V. Park & Ors and I quote.

[Meetings: Whether the court can call the meeting of a company where it becomes impracticable to call a meeting] "

Thus, it is clear that the provisions of Section 128(1) should be invoked where "for any reasons it is impracticable to call a meeting of a company" and that in such circumstances as described in the section, the court may "order a meeting of the company to be called, held and conducted in such manner as the court thinks fit". The sub-section also empowers the court to make "ancillary or consequential directions" as the court thinks expedient in circumstances in which it may be necessary for such directions to be given as would make the holding and conduct of the meeting possible and/or effectual.

Section 128(2) validates the deliberations and decisions taken at such a meeting in so far as such meeting is held in accordance with the provisions of Section 128(1)".
          Per COKER, J.S.C (P. 11, Paras.B-F)
          IRO v. PARK & ORS. [1972 - Supreme Court]


(4.0) Board Of Directors In Comandclem Nigeria Limited Holds A Meeting On Wednesday, 7th Of October, 2015

(4.1) In compliance with the ruling of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) of the Federal High Court, Uyo, the Executive Secretary of Comandclem Nigeria Limited, Barrister Jesse Daniels Onuigbo, has issued a notice of meeting to every Director in the BOD Members of the Company.
(4.2) The notice of meetings of the Board of Directors in Comandclem Nigeria Limited which was published on Page 22 of the Daily Times News-Paper on 2nd day of October, 2015 is hereby exhibited below.

Comandclem Nigeria Limited,
23 Aka Idak Eyop Streer,
 Uyo, Akwa Ibom State.
28th of September, 2015.


COMANDCLEM NIGERIA LIMITED
NOTICE OF BOARD MEETING

TAKE NOTICE that pursuant to the order of court made in Suit No. FHC/UY/CS/61/2015 on the 23rd day of September, 2015 there will be a special meeting of the Board of Directors of Comandclem Nig. Ltd on Wednesday the 7th day of Oct. 2015 at the company’s Head Quarters at No. 23 Aka Idak Eyop St. Uyo, AkwaI bom State by 9.00 a.m. prompt.

AGENDA:

1.    Resolving the issues of Solicitors handling the briefs of the Company in the following cases.
a.   Suit No. SC/69/2011: Rev. C.J.A Uwemedimo& 1 Or. V. Mobil Producing Nig. Unlimited
b.   Suit No. FHC/UY/CS/61/2015: Rev. Bar. Jesse- Daniels Onuigbo& 1 Or. V Prince Reginould Uwemedimo& 9 Ors.
c.   Suit No. FHC/UY/CS/1111/2015: Comandclem Nig. Limited & 2 Ors. V. Queen Akon Uwemedimo& 6 Ors.
2.   General

Signed:
Rev. Jesse Daniels Onuigbo ESQ
(Executive Secretary)
Comandclem Nig. Ltd
No. 40 Oraifite Rd, Nnewi
Anambra State.

(5.0)   The Impacts Of Court’s Ruling On Patentees` Investments

(5.1) The pronouncement of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) of the Federal High Court, Uyo calling the Board of Directors in Comandclem Nigeria Limited to hold a meeting will provide a favourable platform for all the BOD Members to resolve the problem associated with two lawyers from different law chambers claiming to show appearances for CCNL in an appeal against Mobil Producing Nigeria Unlimited fixed for the 19th of October, 2015 so as to avoid what happened on the 2nd of June, 2015 in the Supreme Court of Nigeria.

(5.2)   The ruling of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) has actually and technically supported the existence of the Reconstituted Board of Directors as approved by the Late Chairman of CCNL, Late King CJA Uwemedimo, in a meeting held on the 15th and 16th of May, 2013 at the company’s Head Quarters at No. 23 Aka Idak Eyop St. Uyo; Contrary to the arguments of Reginould Uwemedimo, Queen Akon Uwemedimo, Pastor Monday Obo Akpan and Innocent Ita that Queen Akon Uwemedimo is the only surviving director in CCNL.

(5.3)   Further more, the ruling of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) has reflected the fact that only the Board of Directors has power to pilot the affaire of CCNL to protect the legacies of the King and to protect the investments of innocent Nigerians; Contrary to the arguments of Reginould Uwemedimo, Queen Akon Uwemedimo, Pastor Monday Obo Akpan and Innocent Ita that CCNL is a family affaires and the project of Akwa-Ibom People.

(5.4) The ruling of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) was a big shocker to Pastor Monday Obor Akpan (The Dismissed General Manager in CCNL) and Innocent Ita in view of the fact that there names are not among Member of the Board of Director in CCNL ordered by the court to hold a meeting.

(5.5) The ruling of Honourble Justice Ijeoma L. Ojukwu (FHC/UY/CS/61/15) excluding the names of Pastor Monday Obor Akpan (The Dismissed General Manager in CCNL) and and Innocent Ita among the parties to produce and address a letters to the Registrar of the Federal High Court Uyo, in the suit has pointed to the fact that, even in death, the Will, Intentions, Policies, and Legacies of Late King CJA Uwemedimo still stand, come run, come sun shine.

(6.0) Conclusion

(6.1) On behalf of the entire Patentees in Comandclem Nigeria Limited, I wish the entire Board of Directors in CCNL a successful meeting.

(6.2) I will not fail to appreciate the perseverance and understandings of Patentees in Comandclem Nigeria Limited during the ups and downs most especially the confusion caused by Professor Bankole Sodipo under the instruction of Pastor Monday Obor Akpan and his group who delayed the restoration of our Appeal on the 2nd day of June, 2015 in the Supreme Court of Nigeria till the 19th day of October, 2015.

(6.3)Without any controversy, the Board of Directors in Comandclem Nigeria Limited have demonstrated the facts that they are on top on the situation, and mush more ready to defend the legacies of the King so as to protect the investments of innocent patentees.

(6.4) May Almighty God enrich the knowledge of CCNL`s BOD Members. Amen. 


CCNL Corporate Reporter
Name: Yusuf Nurudeen (B. Sc., AAT, ACA)
Position: CCNL Marketing Manager
4, Ogudu Road,
Ojota,
Lagos.
+234-703-252-2248








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