Saturday 2 January 2016

The Court`s Proceedings Report For The Year Ended 31st Of December, 2015



CCNL Versus Mobil Oil:
 *A Review Of The Chronological Orders Of Appearances In The Supreme Court*
&
*The Court`s Proceedings Report For The Year Ended 31st Of December, 2015*

(1.0)Introduction

(2.0)The First (1st) Appearance In The Supreme Court In Suit SC/69/2011

(3.0)The Second (2nd) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(4.0)The Third (3rd) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011
(5.0)        The Fourth (4th) Appearance (Inner Chamber Ruling On Accelerated Hearing Application) In The Supreme Court Of Nigeria In Suit SC/69/2011

(6.0)        The Fifth (5th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(7.0)        The Sixth (6th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(8.0)        The Seventh (7th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(9.0)        The Eighth (8th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(10.0)The Ninth (9th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(11.0)The Tenth (10th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(12.0) Conclusion




(1.0) Introduction

(1.1)  In line with the International Best Practices (IBP) in the Code Of Corporate Governance (CCG) with respect to the timely Corporate Information Dissemination (CID)to Co-Investors, Providers Of Funds, and Debenture Holders in a company registered in Nigeria, the Re-Constituted Board Of Directors in Comandclem Nigeria Limited are saddled with the responsibilities of updating the Providers Of Funds/Patentees on the Progress Litigation Reports towards the realization of unpaid royalties to the turn of over $40 Billion by Mobil Producing Nigeria Unlimited with respect to the Patent Right Infringement RP:13522 being researched and invented by Late King Professor CJA Uwemedimo.


(1.2) To fulfill the Code Of Corporate Governance (CCG) requirement on timely Corporate Information Dissemination (CID) to all the Co-Investors, Providers Of Funds, and Debenture Holders in Comandclem Nigeria Limited, Anti-Corrosive Vanguard considers it paramount to carry-out an in-depth review, and Chronological Order Of Appearances (COA) in the Supreme Court of Nigeria in an appeal involving Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited with suit number SC./69/2011.


(1.3) The plausible needs to review the appearances of Comandclem Nigeria Limited in the Supreme Court of Nigeria will be appreciated by the Providers Of Funds/Patentees in the sense that The Past Appearances (TPA) in the court can be juxtaposed with The Next Appearance (TNA) to predict the outcome/judgment of The Future Appearances (TFA).


(2.0)The First (1st) Appearance In The Supreme Court In Suit SC/69/2011

(2.1)Date: 10th of July, 2012

(2.2)Presiding Judge: Honourable Justice Aloma Mariam (CJN)

(2.3)Court Proceeding:
-The Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal because the team of the legal counsels representing Mobil Producing Nigeria Unlimited was absent in the court.

-Barrister Udom Udom (one of the lawyers of Mobil Oil) who appeared entirely for another case in the Supreme Court on that day claimed that Dr. Eyimofe Atake (SAN), and Mike Ozakhome (SAN) etc thought that the hearing of the appeal will come-up on the 11th of July, 2012.

(2.4)Court Ruling: To respect the Right To Fair Hearing of all the parties in the appeal, Honourable Justice Aloma Mariam (CJN) adjourned the appeal to the 29th day of January, 2013.


(3.0)        The Second (2nd) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(3.1)Date: 29th of January, 2013

(3.2)Presiding Judge: Honourable Justice Mahmud Muhammed (JSC)

(3.3)Court Proceeding:

-The Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal because the court, in error, assigned the appeal to Honourable Justice Kumai Bayang Akaahs (JSC) being one of the five Honourable Judges to adjudicate on the aforesaid appeal.

- Note that, Honourable Justice Kumai Bayang Akaahs (JSC) was the Presiding Judge who delivered judgment in the Federal Court Of Appeal, Calabar Judicial Division on 8th day of December, 2009, between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited.

- The same Honourable Justice Kumai Bayang Akaahs (JSC) has been promoted to the Supreme Court of Nigeria.

- The rule is that, a judge cannot sit on his own appeal.

(3.4)Court Ruling: To respect the rule that” a Judge cannot sit on his own appeal”, Honourable Justice Mahmud Muhammed (JSC) adjourned the appeal to the 8th day of April, 2013.


(4.0)        The Third (3rd) Appearance In The Supreme Court Of Nigeria  In  Suit SC/69/2011

(4.1)Date: 8th of April, 2013

(4.2)Presiding Judge: Honourable Justice Mahmud Muhammed (JSC)

(4.3)Court Proceeding:

-The Honourable Justices of the Supreme Court of Nigeria entertained the appeal because the team of the legal counsels representing Mobil Producing Nigeria Unlimited and counsel representing Comandclem Nigeria were present in the Supreme Court.

 (4.4)Court Ruling:
-The Honourable Justices of the Supreme Court of Nigeria granted the Amended Brief Of Argument filed by Comandclem Nigeria Limited, and also granted the Cross-Appeal filed by Mobil Producing Nigeria Unlimited despite being filed very late.

- Unfortunately, Honourable Justice Mahmud Muhammed (JSC) never fixes a new hearing date for the continuation of the appeal.


(5.0)        The Fourth (4th) Appearance (Inner Chamber Ruling On Accelerated Hearing Application) In The Supreme Court Of Nigeria In Suit SC/69/2011

Note:

-Following the gross inability to secure a new hearing date in the Supreme Court of Nigeria due to the over five thousand appeals (over 5,000) pending in the apex court of land, Barrister Jesse Daniels ESQ filed Accelerated Hearing Application on the 15th of October, 2013, before the Lordship considering the age of King Professor CJA Uwemedimo, being 83 years old as at that time, and the lifespan of the invention being 20 years as provided in Section 7 of the Patents and Designs Act Cap 433 laws of the Federation of Nigeria 1990.

-The lordship of the apex court of the land entertained the Accelerated Hearing Application in the Inner Chamber of the court without the presence of any legal counsel as follows.

 (5.1)Date: 30th of October, 2013.

(5.2)Presiding Judge: Honourable Justice Tanko Mahammed (JSC)

(5.3)Court Proceeding:

-The Honourable Justices of the Supreme Court of Nigeria considered the urgent needs to accelerate the appeal of King Professor CJA Uwemedimo in view of his age and lifespan of the invention.

 (5.4)Court Ruling:

-The Honourable Justices of the Supreme Court of Nigeria entertained the Accelerated Hearing Application, and subsequently adjourned the aforesaid appeal to 5th of May, 2014.


(6.0)        The Fifth (5th) Appearance In The Supreme Court Of Nigeria  In  Suit SC/69/2011

(6.1)Date: 5th of May, 2014

(6.2)Presiding Judge: Honourable Justice Walter Nkanu Onnoghen (JSC)


(6.3)Court Proceeding:

- Honourable Justice Walter Nkanu Onnoghen (JSC) exhibited A Notice Of Withdrawal allegedly written by Professor Tony Ukam (CCNL Former Counsel) claiming that King CJA Uwemedimo does not intend to prosecute the appeal in the Supreme Court of Nigeria.


 (6.4)Court Ruling:

-As a result of the aforesaid Notice of Withdrawal, Honourable Justice Walter Nkanu Onnoghen (JSC) dismissed the appeal of Comandclem Nigeria Limited, and subsequently adjourned the hearing of the Cross Appeal and other motions to 7th of October, 2014.


(7.0)        The Sixth (6th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(7.1)Date: 7th Of October, 2014

(7.2)Presiding Judge: None

(7.3)Court Proceeding:

- The Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal because of the fact that the 7th day of October, 2014 clashed with the Muslim Festival (Id El Kabir).

 (7.4)Court Ruling:
-As a result of the aforesaid Muslim Festival (Id El Kabir), the Honourable Justices of the Supreme Court of Nigeria adjourned the appeal to the 3rd of November, 2014.


(8.0)        The Seventh (7th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(8.1)Date: 3rd Of November, 2014

(8.2)Presiding Judge: Honourable Justice Mahmud Muhammed (CJN)

(8.3)Court Proceeding:
- The leading Counsel of Comandclem Nigeria Limited informed the Court of the death of King Professor CJA Uwemedimo and the Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal because of the fact that a dead party can neither sue or be sued.


 (8.4)Court Ruling:
-As a result of the death of King Professor CJA Uwemedimo, the Honourable Justices of the Supreme Court of Nigeria adjourned the appeal 19th of January, 2015 to allow Comandclem Nigeria Limited to make a necessary adjustment in all the filed processes.


(9.0)        The Eighth (8th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(9.1)Date: 19th Of January, 2015.

(9.2)Presiding Judge: None

(9.3)Court Proceeding:
- The Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal due to the nationwide strike embarked upon by the Nigerian Judicial Workers on their agitations for financial autonomy.

 (9.4)Court Ruling:
-As a result of the aforesaid nationwide strike embarked upon by the Nigerian Judicial Workers, the Registry Department of the Supreme Court of Nigeria re-fixed the appeal the 2nd day of June, 2015.


(10.0)The Ninth (9th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(10.1)Date: 2nd Of June, 2015.
(10.2)Presiding Judge: Honourable Justice Walter Nkanu Onnoghen (JSC)


(10.3)Court Proceeding:

- One Professor Bankole Sodipo appeared before the Justices of the Supreme Court of Nigeria claiming to have being employed by The Self Acclaimed Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and The Self Acclaimed Only One Surviving Secretary in CCNL, Prince Reginould Uwemedimo; contrary to the set of lawyers (Aiku Babatunde (SAN), Barrister Jesse Daniels ESQ, Barrister Kunle Faokunla ESQ) handling the appeal during the life-time of late King CJA Uwemedimo

-The Honourable Justices of the Supreme Court of Nigeria were unable to continue with the hearing of the appeal because the said Professor Bankole Sodipo caused confusion and disrupted the hearing of Restoration Application.

 (10.4)Court Ruling:
-As a result of the aforesaid confusion and disruption caused by this Professor Bankole Sodipo, the Honourable Justices of the Supreme Court of Nigeria before Honourable Justice Walter Nkanu Onnoghen (JSC) adjourned the appeal to the 19th day of October, 2015, to enable Comandclem Nigeria Limited to resolve the problem of appearances of counsels.

(11.0)The Tenth (10th) Appearance In The Supreme Court Of Nigeria In Suit SC/69/2011

(11.1)Date: 19th Of October, 2015.

(11.2)Presiding Judge: Honourable Justice Fabiyi (JSC)

(11.3.0)Court Proceeding:

(11.3.1)     Aiku Babatunde (SAN) and Barrister Kunle Faokunla failed to appear in the Supreme Court of Nigeria to protect the investments of innocent patentees.

(11.3.2)    Barrister Jesse Daniels took the bull by the horn and appeared for Comandclem Nigeria Limited in the Supreme Court of Nigeria only to be disqualified by the judges on the ground that he had sued Comandclem Nigeria Limited in the Federal High Court, Uyo Judicial Division; you cannot represent a party you had sued.

(11.3.3)    As a result of this, Barrister Jesse Daniels (ESQ) withdrew his appearance for Comandclem Nigeria Limited in the Supreme Court of Nigeria.

(11.3.4)    This ugly situation provided ample of opportunities for Professor Bankole Sodipo to appear for Comandclem Nigeria Limited supported by a letter of appointment signed by The Self Acclaimed Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and The Self Acclaimed Only One Surviving Secretary in CCNL, Prince Reginould Uwemedimo.

(11.3.5)    The Self-Acclaimed And The Highly Rated Professor of Patent Law, Professor Bankole Sodipo, was allowed to justify his quality and expertise before the Honourable Justices of the Supreme Court of Nigeria but failed woefully to restore the dismissed appeal, and he exhibited high level of unprofessionalism to resurrect the dismissed appeal of Late King CJA Uwemedimo.

(11.3.6)    Professor Bankole Sodipo admitted the allegations of Notice Of Withdrawal which Professor Tony Ukam denied in a letter to the king; even claimed that Pastor Monday Obo Akpan (Ex-General Manager in CCNL) actually filed the aforesaid Notice Of Withdrawal in the Registry of the Supreme Court but failed to pay court bailiff to serve Mobil Producing Nigeria Unlimited.

(11.3.7)The argument of Dr. Eyimofe Atake (SAN) (Mobil`s Lawyer) on Restoration Application filed by Professor Bankole Sodipo 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.

(11.3.8)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.

 (11.4)Court Ruling:
(11.4.1) 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


(11.4.2) The Honourable Justices of the Supreme Court of Nigeria before Honourable Justice Fabiyi (JSC) reluctantly adjourned the hearing to 23rd of February, 2016.

(12.0) Appreciation and Conclusion

(12.1)On the 23rd day of February, 2016, The Honourable Justices of the Supreme Court of Nigeria shall entertain the Restoration Application filed by the Self-Acclaimed And The Highly Rated Professor Of Patent Law, Professor Bankole Sodipo, which can never, never and even never resurrect the dismissed appeal of late King Professor CJA Uwemedimo and Comandclem Nigeria Limited.

(12.2) On 19th of October, 2015, the Self-Acclaimed And The Highly Rated Professor Of Patent Law, Professor Bankole Sodipo made an oral application to withdraw the Restoration Application filed by Comandclem Nigeria Limited under the supervision and instruction of Late King Professor CJA Uwemedimo.

(12.3)This Self-Acclaimed And The Highly Rated Professor Of Patent Law, Professor Bankole Sodipo, haven orally withdrawn the Restoration Application filed by Comandclem Nigeria Limited under the supervision and instruction of Late King Professor CJA Uwemedimo, Honourable Justice Fabiyi (JSC) was left with no option than to strike-out the aforesaid Restoration Application.

(12.4)Without any prolonged argument, the legacies, suffering, sweets and work of Late King CJA Uwemedimo have been destroyed by this Self-Acclaimed And The Highly Rated Professor Of Patent Law, Professor Bankole Sodipo.


(12.5)There are unconfirmed rumour of Secret Cash Negotiation (SCN) in the air among Some Staff Of Mobil Oil And Professor Bankole Sodipo, Pastor Monday Obo Akpan & Prince Reginould Uwemedimo to destroy the appeal of Comandclem Nigeria Limited in the next hearing date for a Secret Cash Settlement (SCS) among Professor Bankole Sodipo, Pastor Monday Obo Akpan & Prince Reginould Uwemedimo without the knowledge of any patentee.



(12.6)In view of the fact that Professor Bankole Sodipo might have compromised, deducible from his body language, the Re-constituted Board of Directors in Comandclem Nigeria Limited held a meeting on the 17th of December, 2015, to resolve and review the teams of lawyers to represent Comandclem Nigeria Limited on the 23rd of February, 2016 in the Supreme court so that Professor Bankole Sodipo will not destroy our appeal for the sole benefit of Mobil Producing Nigeria Unlimited.

(12.7) Board of Directors in Comandclem Nigeria Limited is on top of the situation as discussions are on-going for one big legal representation on the 23rd of February, 2016, in the Supreme Court of Nigeria.

(12.8) Before this Litigation Stewardship Report For The Year Ended, 31 December, 2015, is concluded, I will not fail to report the death and burial of the Chairman and pillars in Comandclem Nigeria Limited.

(12.8.1) Late King Professor CJA Uwemedimo:
Position: Chairman and Chief Executive Officer, CCNL
Died: 18th day of July, 2014.
Buried: 4th day of September, 2015.

(12.8.2) Late Mr. David
Position: Kaduna State Manager
Died: 4th day of July, 2015.
Buried: 18th of July, 2015.


(12.8.3) Late Alhaji Dauda Abdul Azeez
Position: Osun State Manager
Died: 28th of November, 2015
Buried: 28th of November, 2015


(12.9) On behalf of Board of Directors in Comandclem Nigeria Limited, I wish my fans and the Entire Patentees a prosperous 2016.

(12.10) We shall not labour in vain. Amen.


Name: Yusuf Nurudeen
-     Patent Case Analyst.
4, Ogudu Road,
Ojota,
Lagos.



Qualifications:
- Bachelor Of Science In Accounting (AAUA)
-Member, Institute Of Credit Administrator (ICA)
- Member, Associate Accounting Technician (AAT)
- Member, Associate Chartered Accountant (ACA)
Position:
-Marketing Manager: Comandclem Nigeria Limited
-Publisher: Anti-Corrosive Vanguard Online News Paper
Hotline: 07032522248




Additional Information:
Litigation Stewardship Report For The Year Ended, 31 December, 2015,

From the Litigation Progress Chart, the follow facts are deducible.

(1) CCNL`s Appeal experienced a consistent progress from the 10th of July, 2012 and 30th 0f October, 2013 due to the fact that the Honourable Justices Of The Supreme Court Of Nigeria entertained the Accelerated Hearing Application  filed by Barrister Jesse Daniels ESQ.

(2) CCNL`s Appeal experienced a setback on the 5th of May, 2014, because it was dismissed by the Supreme Court of Nigeria due to the Notice of Withdrawal filed by an ex-staff of CCNL, Pastor Monday Obo Akpan.

  (3)The appointment of Professor Bankole Sodipo has caused a delay in the Restoration of the CCNL`s Appeal.


Per: Name: Yusuf Nurudeen
-     Patent Case Analyst.
4, Ogudu Road,
Ojota,
Lagos.


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