CCNL versus Mobil Producing Nigeria Unlimited
Supreme Court News Update:
*Professor Sodipo & Tony Ukam Failed Woefully Again
As The Supreme Court Struck-Out Their Incompetent Restoration Application*
And
* The Supreme Court Dismissed Reginould`s Substitution Application As The Shoes Of The Late King Is Bigger Than Him To Wear *
Content
(1.0)Introduction
(2.0) Blow By Blow Account Of Court’s Proceedings On The Incompetent Restoration Application Filed By Professor Bankole Sodipo On Behalf Of CCNL
(3.0) Interpretation Of The Ruling Of The Supreme Court On The Incompetent Restoration Application Filed By Professor Bankole Sodipo On Behalf Of CCNL.
(4.0)The Legal Approach To Protect The Investments Of Patentees
(5.0) Conclusion
(1.0)Introduction
(1.1) Professor Bankole Sodipo recorded another grievous setback traceable to his embarrassing and woeful performances in a futile effort to restore the dismissed appeal (SC.69/2011) filed by Comandclem Nigeria Limited against Mobil Producing Nigeria Unlimited in an Appeal held on 23rd day of February, 2016 in the Supreme Court of Nigeria over patent right infringement and breach of sole supplier agreement of the patented invention of Late King Professor CJA Uwemedimo, RP:13522, Anti-Corrosive Special Paint for QIT, QAD.
(1.2) This is the third times, the Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and the Only One Surviving Secretary in CCNL, Prince Reginould Uwemedimo would impose the highly rated Professor Of Patent Medicine Store, Professor Bankole Sodipo, on the innocent patentees to delay the final determination and speedy finalization of the sixteen (16) years old patent case.
(1.3) In his first appearance on the 2nd of June, 2015, this highly rated Professor Of Patent Medicine Store, Professor Bankole Sodipo, appeared before the Justices of the Supreme Court of Nigeria claiming to have being employed by Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and 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) dully employed by late King CJA Uwemedimo during his life-time.
(1.4) In his second appearance on 19th of October, 2015, this highly rated Professor Of Patent Medicine Store, 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.
(2.0) Blow By Blow Account Of Court’s Proceedings On The Incompetent Restoration Application Filed By Professor Bankole Sodipo On Behalf Of CCNL
(2.2) The conversation below exhibited the blow by blow account of the Supreme Court`s Proceedings with respect to the Incompetent Restoration Application filed by the highly rated Professor of Patent Medicine Store, Professor Bankole Sodipo on the 23rd of February, 2016.
(2.3) Happy reading.
-Haven uncovered the fact that the restoration application filed by Professor Bankole Sodipo on behalf of Comandclem Nigeria Limited was baseless and devoid of all the necessary legal ingredient to bring back the lost glory of CCNL, Honourable Justice Suleiman Galadima (JSC) (PJ) said with annoyance to Professor Bankole Sodipo as follows.
-Withdraw this third motion please, it is not competent.
-Then, you will look for another motion, if it is necessary.
Professor Bankole Sodipo was shaking and quickly replied Honourable Justice Suleiman Galadima (JSC) (PJ) as follows.
-I will come back.
Honourable Justice Suleiman Galadima (JSC) (PJ) said to Professor Bankole Sodipo as follows
-You move all your motions so that we can make progress.
Professor Bankole Sodipo replied Honourable Justice Suleiman Galadima (JSC) (PJ) as follows.
-In the light of that my lord, we hereby make an application to withdraw this application.
Honourable Justice Suleiman Galadima (JSC) (PJ) asked Dr. Eyimofe Atake (SAN) as follows
-Any objection?
Mobil`s Lawyer, Dr Eyimofe Atake replied Honourable Justice Suleiman Galadima (JSC) (PJ) as follows
-My lord, I strongly object.
-I have filed a counter-affidavit.
-I am objecting.
Honourable Justice Olabode Rhodes-Vivour (JSC) interrupted and said to Mobil`s Laywer, Dr. Eyimofe Atake as follows.
-You don’t want him to come back?
Mobil`s Lawyer, Dr Eyimofe Atake replied Honourable Justice Olabode Rhodes-Vivour (JSC) (PJ) as follows
-I don’t want him to come back. Laughing, laughing, laughing.
-I have been backed 5 times my lord.
Honourable Justice Suleiman Galadima (JSC) (PJ) said to Professor Bankole Sodipo as follows
-Any other one you want to withdraw along with this?
- Or you want to take them one by one?
-If you want to withdraw all, let us know, so that we can take all together.
- Is it only this one you want to withdraw?
-What of the rest?
- You are not moving the rest?
- We just strike-out this one.
- Here is our ruling.
IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA
ON TUESDAY THE 23RD DAY OF FEBRUARY, 2016
BEFORE THEIR LORDSHIPS
Suleiman Galadima Justice, Supreme Court
Olabode Rhodes-Vivour Justice, Supreme Court
Marry Ukaego Peter-Odili Justice, Supreme Court
Kudirat M. O. Kekere-Ekun Justice, Supreme Court
Amiru Sanusi Justice, Supreme Court
Suit Number SC.69/2011
Between:
Rev. Dr. C.J.A. Uwemedimo & Anor Cross Respondents/ Applicants
Mobil Producing Nigeria Unlimited Cross Appellants/Respondent
RULING
DELIVERED BY SULEIMAN GALADIMA (JSC)
“Motion filed on the 10th of August, 2015 for the lifting of the dismissed appeal haven being withdrawn without any objection is hereby struck-out.”
Appearances of Counsels.
Professor Bankole Sodipo, Professor Tony Ukam, and Chief F A Enewache For the Cross Respondents/Applicants.
Dr. Eyimofe Atake (SAN) with Chief Mike Ozekhome (SAN), Uko Udom (SAN)
Olubusayo Ibrahim (Mrs.) and Benson Igbanoi,: For the Cross Appellant/Respondent.
(3.0) Interpretation Of The Ruling Of The Supreme Court On The Incompetent Restoration Application Filed By Professor Bankole Sodipo On Behalf Of CCNL
(3.1) On the 5th of May, 2014, 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.
(3.2) As a result of the aforesaid Notice of Withdrawal, Honourable Justice Walter Nkanu Onnoghen (JSC) dismissed the appeal filed by Comandclem Nigeria Limited, while Honourable Justice Olabode Rhodes-Vivour (JSC) advised CCNL to file a Restoration Application to resurrect the dismissed appeal.
(3.3) On 19th of October, 2015, this Professor Of Patent Medicine Store, 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 while he moved his own Incompetent Restoration Application to destroy the investments of innocent Patentees.
(3.4) On 23rd of February, 2016, the Honourable Justices of the Supreme Court of Nigeria struck-out the Incompetent Restoration Application filed by this Professor Of Patent Medicine Store, Professor Bankole Sodipo on behalf of Comandclem Nigeria Limited.
(3.5) From the eye of the law, a restoration application which has been struck-out by the Supreme Court can be revived by the Legal Counsel of Comandclem Nigeria Limited through a competent application to that effect.
(3.6) The above principle of law was demonstrated by Honourable Justice Niky Toby (JCA) in the case involving Ume & Ors. Versus Nigeria Renowned Trading Company Ltd when the court said and I quote verbatim.
“On the other hand, a matter struck out could be revived by the party. This he could do either by repeating the same court process or by an amended form; in either case, returning the process in its original or amended content to the cause list. “
Ume & Ors. Versus Nigeria Renowned Trading Company Ltd (1997) LPELR-6284(CA)
." Per TOBI, J.C.A. (Pp. 17, paras. A)
(3.7) In one word, the investments of innocent patentees in the intellectual property of CCNL have not been destroyed but the finalization of the appeal has been delayed by this Professor Of Patent Medicine Store, Professor Bankole Sodipo , as the Board of Directors properly reconstituted by the Late Chairman, King Professor CJA Uwemedimo had instituted a suit against the Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and Only One Surviving Secretary, Secretary in CCNL, Prince Reginould Uwemedimo, Pastor Monday Obo Akpan and four (4) others fixed for hearing 4th of April, 2016 in the Federal High Court, Uyo Judicial Division.
(4.0)The Legal Approach To Protect The Investments Of Patentees
(4.1) Being pro-active and committed to the legacies of the King , Comandclem Nigeria Limited & Two (2) Of Its Directors had instituted A Status Quo Suit (FHC/UY/CS/1111/2015) as far back as on the 22nd of June, 2015, twenty (20) days when Professor Bankole Sodipo who was neither briefed by Late King CJA Uwemedimo nor employed by CCNL`s Board of Directors suddenly hijacked CCNL`s Appeal in the Supreme Court of Nigeria from the set of lawyers dully employed by the Late Chairman of the company.
(4.2) In the status Quo Suit fixed for hearing on 4th of April, 2016, before Honourable Justice Ijeoma L. Ojukwu of the Federal High Court, Uyo Judicial Division, Comandclem Nigeria Limited & Two (2) Of Its Directors prayed the court as follows among other things.
-A declaration that the Management Board of Comandclem Nigeria Limited duly constituted by the Late Chairman Of Comandclem Nigeria Limited is the body responsible for the management and running of the affairs of Comandclem Nigeria Limited and any contrary board, person or group of persons not dully appointed by the board is unlawful.
-An order of perpetual injunction restraining Pastor Monday Obo Akpan whether by himself, his agent or privies, or any person or group of person directly or indirectly from interfering with the due administration, management and affairs of Comandclem Nigeria Limited.
-An order setting aside all the steps or actions purportedly taken by, Queen Akon Uwemedimo, and Prince Reginould Uwemedimo unilaterally without the authorization of Comandclem Nigeria Limited or its Management Board, or acting as the Company Secretary, as null and void ab initio, and of no effect.
-An order setting aside the purported appointment of Prince Reginould Uwemedimo as company secretary of Comandclem Nigeria Limited as invalid
(5.0) Conclusion
(5.1) The Board of Directors in Comandclem Nigeria Limited feels the pains, difficulties, and inconveniencies being experienced by the Innocent Patentees in the hands of the Only One Surviving Director in CCNL, Queen Akon Uwemedimo, and the Only One Surviving Secretary in CCNL, Prince Reginould Uwemedimo which resulted to the hijacking of CCNL appeal by the Professor Of Patent Medicine Store, Professor Bankole Sodipo in the Supreme court of Nigeria.
(5.2) Queen Akon Uwemedimo, and Prince Reginould Uwemedimo have been adopting Pastor Monday Obo Akpan and Professor Bankole Sodipo to fight the legacies of Late King Professor CJA Uwemedimo which have resulted to their three (3) consecutive failures in the Supreme Court of Nigeria on 2nd of June, 2015, 19th of October, 2015 and 23rd of February, 2016.
(5.3) The ruling of the Supreme Court of Nigeria which dismissed the application to substitute the name of Late King Professor CJA Uwemedimo with that of Prince Reginould Uwemedimo names was an indication and signs that the spirit of the King is fighting Prince Reginould Uwemedimo.
(5.4) Prince Reginould Uwemedimo cannot step into the shoes of the Late King Professor CJA Uwemedimo because the spirit of the Late Chairman is fighting him due to the legacies of the king being destroyed.
(5.5) The Board of Directors will do everything legally to protect the investments of innocent patentees in the face of resistance from Queen Akon Uwemedimo, Prince Reginould Uwemedimo , Pastor Monday Obo Akpan and Professor Bankole Sodipo.
(5.6) Once more, we feel your pains, difficulties, and inconveniencies being encountered in recent times due to the unsolicited interference of Adiamiko Family with the administration of Comandclem Nigeria Limited.
(5.7) We appreciate your understanding in this regard as we are looking forward to 4th of April, 2016, for the hearing of the status quo application before Honourable Justice Ijeoma L. Ojukwu of the Federal High Court, Uyo Judicial Division.
(5.8) We shall not labour in vain. Amen.
(5.9) Happy new month.
Yusuf Nurudeen ( B. Sc., AAT, ACA)
- Patent Case Analyst.
- Marketing Manager.
4, Ogudu Road,
Ojota,
Lagos.
+234-703-252-2248
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