Tuesday 27 October 2015

Professor Bankole Sodipo’s Brief Of Arguments On Restoration Application Failed Woefully When He Claimed That Professor Tony Ukam Wrote Notice Of Withdrawal While Pastor Monday Obo Akpan Filed The Notice Of Withdrawal In The Registry Of The Supreme Court But Mobil Oil Was Not Served The Same Notice Of Withdrawal




CCNL Appeal On Fire: Part Two
Professor Bankole Sodipo’s Brief Of Arguments On Restoration Application Failed Woefully When He Claimed That Professor Tony Ukam Wrote Notice Of Withdrawal While Pastor Monday Obo Akpan Filed The Notice Of Withdrawal In The Registry Of The Supreme Court But Mobil Oil Was Not Served The Same Notice Of Withdrawal.

Content


1.      Introduction

2.     Events After The Death Of The King

3      How Professor Bankole Sodipo Failed Weofully When He Claimed That Professor Tony Ukam Wrote The Notice of Withdrawal But Pastor Monday Filed The Same In The Supreme Court`s Registry.

4.     The Arguments Of Dr. Eyimofe Atake (Mobil`s Lawyer) On Restoration Application.

5.     The Undocumented Ruling Of The Supreme Court On Restoration Application Filed By Professor Bankole Sodipo

6.     What Is the Way Forward?


(1.0) Introduction
(1.1)  It is on record that on the 5th day of May, 2014, the Appeal filed by Comandclem Nigeria Limited and King Professor CJA Uwemedimo against Mobil Producing Nigeria Unlimited over Patent Right Infringement (RP:13522) and breach of sole supplier agreement was dismissed by Honourable Justice Walter Samuel Ikanu Onnoghen (JSC),  owing to a Notice Of Withdrawal allegedly written by Professor Tony Ukam (Former Counsel to CCNL) in suit SC.69/2011.

(1.2) On 12th day of May, 2014, King Professor CJA Uwemedimo wrote a letter to Professor Tony Ukam (Former Counsel to CCNL) on the alleged Notice of Withdrawal, and I quote part of the letter verbatim.

“I was shocked when on the 5th of May, 2014, the presiding judge, drew our attention to an application by you dated 24th day of March, 2011 withdrawing my aforesaid appeal.
My shock and surprise stemed from the fact that I never instructed you to apply to withdraw the aforesaid appeal, neither did you notify me of your having done the same till date.”
The said letter is hereby attached.


(1.3) On the 16th day of May, 2014, Professor Tony Ukam in a letter denied filing any Notice Of Withdrawal and I quote part of the said letter verbatim.
“I cannot have a huge outstanding bills to claim from you, and at the same time do anything that will truncate or jeopardize the process. Please count me out of it.”
The said letter is hereby attached.


(2.0) Events After The Death Of The King
(2.1) On the 23rd day of February, 2015, Prince Reginould Uwemedimo arrested and subsequently detained Barrister Jesse Daniels for impersonating himself as the Executive Secretary of Comandclem Nigeria Limited upon which Barrister Jesse Daniels sued Prince Reginould Uwemedimo, Comandclem Nigeria Limited and eight others for the protection of his fundamental human right in Suit number (FHC/UY/CS/61/15)

(2.2) In view of the fact that the Leading Counsel of Comandclem Nigeria Limited, Babatunde Aiku (SAN) communicated his decisions not to appear for CCNL very late because of the conflict in the company, Barrister Jesse Daniels Esq was left with no option than to take the bull by the horn and appear for CCNL on the 19th of October, 2015 in the Supreme Court of Nigeria.

(2.3) Barrister Jesse Daniels Esq was advised by the Presiding Judge, Honourable Justice Fabiyi to announce the withdrawal of his appearance for Comandclem Nigeria Limited owing to the fact that he cannot represent in the Supreme Court a company he had sued in the Federal High Court Uyo in suit number (FHC/UY/CS/61/15)

(2.4) As a result of the above, and the pressures mounted by Dr. Eyimofe Atake (SAN) (Mobil`s Lawyer) to the effect that the court must entertain the Restoration Application, Professor Bankole Sodipo was allowed to represent Comandclem Nigeria Limited without any evidence before the Supreme Court of Nigeria to the effect that Professor Bankole Sodipo was duly employed and briefed by the King during his life time; but Queen Akon Uwemedimo and Reginould Uwemedimo  were said to have replaced all the set of lawyers with Professor Bankole Sodipo.

(3.0)How Professor Bankole Sodipo Failed Weofully When He Claimed That Professor Tony Ukam Wrote The Notice of Withdrawal But Pastor Monday Filed The Same In The Supreme Court`s Registry.

(3.1) On the 19th of October, 2015, when Professor Bankole Sodipo appeared for CCNL under controversial circumstances, he admitted that Professor Tony Ukam actually wrote the Notice of Withdrawal contrary to Professor Tony Ukam`s claims in a letter dated 16th day of May, 2014.

(3.2) Furthermore, Professor Bankole Sodipo also admitted that Pastor Monday Obo Akpan actually filed the said Notice of Withdrawal in the Registry of the Supreme court but failed to pay the court bailiff for service.
(3.3) In actual fact, Professor Bankole Sodipo argued the affidavit deposed to by Prince Reginould Clement Uwemedimo, and I quote verbatim.

(7)    “That Prof. Tony Ukam who filed the purported notice of withdrawal did not serve same on the respondent when he found out that the said President Obasanjo did not resolve the matter as promised because he had intended to withdraw the said notice in court.”

Per: Prince Reginould Clement Uwemedimo
Affidavit In Support Of Motion Filed By Professor Bankole Sodipo
26th Of February, 2015



(4.0)The Arguments Of Dr. Eyimofe Atake (Mobil`s Lawyer) On Restoration Application.

(4.1) The argument of Dr. Eyimofe Atake (SAN) (Mobil`s Lawyer) on Restoration Application filed by CCNL has been that the Honourable Justices of the Supreme Court of Nigeria must not restore CCNL Appeal haven admitted that Professor Tony Ukam actually wrote the Notice of Withdrawal and Pastor Monday Obo Akpan actually filed the Notice of Withdrawal in the court`s registry.

(4.2) Dr. Eyimofe Atake (SAN) relied on the authority of Honourable Justice Wali (JSC) in the case of Edozien versus Edozien at Page 705 Para E-F and he quoted.

“The appellants, through their counsel, filed a valid notice of withdrawal of the appeal. There was no allegation that they were forced by the court to do so. The notice was properly filed and from that time, the appeal stood dismissed by virtue of sub-rule 6 (5) of order 8.”

Per: Eyimofe Atake (SAN) Mobil`s lawyer
Source: Paragraph 4.5 Of The Counter Affidavit Filed By Mobil Producing Nigeria Unlimited
Dated: 22nd of May, 2015.

5.     The Undocumented Ruling Of The Supreme Court On Restoration Application Filed By Professor Bankole Sodipo

(5.1) Haven admitted that Professor Tony Ukam actually wrote the Notice of Withdrawal and Pastor Monday Obo Akpan Actually filed the same Notice of Withdrawal, one of the Justice said and I quote him verbatim.
 
“It is unfortunate, we don’t have him (Professor Tony Ukam) here, as appearing with you; the learned counsel is also an Appellant Counsel with Professor Sodipo.


-If he (Professor Tony Ukam) were here today, the PJ (Presiding Judge) will ask him.

-Why did you file notice of withdrawal which you didn`t meant to do. Which you are now coming to say that I am sorry for filing notice of withdrawal for withdrawing?

-You see, the law is, once the withdrawal is filed, you don’t need to come to argue it.

-We don’t need to see you.

-We will deal with it, and get it off our list. That is the position.

-That the respondent (Mobil) was not served, that he was not notify, that matter will not be dealt with, does not hold water, it is irrelevant.”

Click Here To Download
 Listen To The Undocumented Rulings Of The Court



(6.0) What Is the Way Forward?
(6.1) From the undocumented pronouncement of the court, it is obvious that the investments of innocent patentees are being threatened and  sweat/legacies of late King Professor CJA Uwemedimo stand a chance of being destroyed.

(6.2) To solve a problem, you must identify and understand the problem.

(6.3) The question is, Who are the problems?

(6.4) The answer is, Queen Akon Uwemedimo and Prince Reginould Uwemedimo are the problems by engaging the services of Professor Bankole Sodipo to cause confusion under the supervision of Pastor Monday Obo Akpan, Ex-General Manager.

(6.5) Why are Queen Akon Uwemedimo and Prince Reginould Uwemedimo the problems?

(6.6) Queen Akon Uwemedimo and Prince Reginould Uwemedimo are the problems because they have totally deviated from the legacies of King Professor CJA Uwemedimo.

(6.7) Who are the solutions to the Problems?

(6.8) The solutions to the problems are Queen Akon Uwemedimo and Prince Reginould Uwemedimo.

(6.9) How can they be solutions to the problems?

(6.10) Let Queen Akon Uwemedimo and Prince Reginould Uwemedimo follow the legacies of Late King Professor CJA Uwemedimo, and all the internal crises will disappear naturally so as to move the company forward for the interest of innocent patentees and by the grace of God, this will be achieved before 23rd of February, 2016.


(6.11) CCNL projects are divine. My Prayer is that, the sweat of Late King Professor CJA Uwemedimo and the investments of innocent patentees will not be destroyed.

 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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