Patentees Agitate For A New Hearing Date
Following
The Suspension Of JUSUN Strike
Content
(1.0) Introduction
(2.0) History Gallery Of CCNL`s Appeal In The Supreme Court
(3.0) The Need To Appreciate The BOD Members And Staff Of CCNL In The Course To Finalize The Appeal
(4.0) Conclusion
(1.0) Introduction
(1.1) The Patentees who have invested in the
patented invention of Comandclem Nigeria Limited, RP:13522, have
been agitating seriously for a new hearing date to entertain the
outstanding motions with respect to patent right
infringement appeal (SC./69/2011) against Mobil Producing Nigeria
Unlimited ongoing in the Supreme Court of Nigeria.
(1.2) It is on records that on 3rd of November, 2014, Honourable Justice Mahmud Mohammed (CJN) adjourned
the hearing of all the outstanding motions to 19th of January, 2015
following an oral application made by CCNL`s Leading
Legal Counsel, (Aiku Bamidele SAN) to effect the substitution of King Professor CJA Uwemedimo names in all the
applications filed before the Supreme Court of
Nigeria.
(1.3) Unfortunately, on 19th day of
January, 2015, a day set aside to entertain those motions, clashed with the nationwide strike of the Nigerian
Judiciary Workers.
(1.4) The nationwide industrial strike embarked upon by JUSUN was officially
suspended in the Federal Courts only in Nigeria not excluding the Supreme Court
of Nigeria on 26th of January, 2015.
(1.5) Sequel to the suspension of the industrial strike embarked upon by JUSUN
on 26th of January, 2015, there have
been agitations and outcries among patentees requesting for a new hearing date
to finalize a fifteen-year-old case against Mobil Producing Nigeria Unlimited
over an unauthorized use of the patented invention of King Professor Emeritus
CJA Uwemedimo.
(2.0) History Gallery Of CCNL`s Appeal In The
Supreme Court
(2.1) Honourable
Justice Mahmud Mohammed (CJN), acknowledged that the Supreme Court of Nigeria
has been over burdened with high volume of appeals in a Public Dialogue organized
by Nigeria Bar Association, few weeks
ago, when he said,
“The court
registry is currently burdened with over 5,000 appeals, and the panels of
justices are still hearing appeals filed in 2005”
(2.2) From the above statement of Honourable
Justice Mahmud Mohammed (CJN), it is obvious
that appeals filed 10 years ago (2005) in the Supreme Court of Nigeria have not
been concluded by the Judges in view of the fact that the court has been over burdened with high volumes of
appeals.
(2.3) Despite those outrageous
numbers of pending appeals seriously begging for hearings before the
Supreme Court of Nigeria, the Honourble Justices had
fixed appeal of CCNL versus Mobil Oil
(8) eight times as stated below
(2.3.1) 10th
of July, 2012: Mobil Oil totally failed to appear in the Supreme Court,
and Justice Aloma (CJN) subsequently adjourned the appeal to 29th of January, 2013
(2.3.2) 29th
of January, 2013: Supreme Court made an error to assign the appeal
to Justice Kumai Bayang Akaahs , who
delivered ruling in the Federal court of Appeal between CCNL and Mobil Oil.
Note, a judge cannot sit on his own appeal. Justice
Aloma (CJN) apologized for the error, and she subsequently adjourned
the appeal to 8th of April, 2013.
(2.3.3) 8th
of April, 2013: Honourable Justice Mahmud Mohammed granted the Cross
Appeal filed by Mobil Oil, and the Amended Brief
Of Argument filed by CCNL.
(2.3.4) 30th
of October, 2013: Justice Tanko
Mohammed ruled in the Inner Chamber of
the Supreme Court On Accelerated
Hearing Motion filed by CCNL, and subsequently adjourned the appeal
to 5th of May, 2014.
(2.3.5) 5th of May, 2014: Honourable Justice Walter Nkanu Onnoghen (JSC) dismissed the Appeal of CCNL on an alleged notice of withdrawal purportedly
written by Tony Ukam (Former CCNL Lawyer)
but filed by Pastor Monday (Ex-Staff of CCNL),
and Honourable Justice Walter Nkanu Onnoghen
(JSC) subsequently adjourned the Cross
Appeal to 7th of October, 2014.
(2.3.6) 7th
of October, 2014: Court was unable to sit on any motion because 7th
of October, 2014 clashed with Muslim Festival,
and subsequently the court re-fixed the appeal to 3rd of November,
2014.
(2.3.7) 3rd of November,
2014: The death of the King was communicated to the Court. In view
of the fact that a dead person cannot sue or be sued, Honourable Justice Mahmud Mohammed (CJN) subsequently
adjourned the appeal to 19th of January,
2015 to effect the substitution of names of the King.
(2.3.8) 19th
of January, 2015: Justices of the Supreme Court of Nigeria were
unable to entertain any motion because of JUSUN
strike unfortunately clashed with 19th of January, 2015.
(3.0) The Need To Appreciate The BOD Members And
Staff Of CCNL In The Course To Finalize The Appeal.
(3.1) It is on record that CCNL filed its Appeal in
the Registry of the Supreme Court of Nigeria in the year 2011, and the Appeal in question had been fixed for hearing (8)
eight times in the history of the case.
(3.2) There are appeals filed in year
2005, 2006, 2007, 2008, 2009 and 2010 in the
Registry of the Supreme Court of Nigeria that
might have not been fixed for hearing up to (8) eight times.
(3.3) Patentees of Comandclem Nigeria Limited should appreciate the
concerted efforts of the entire Board of Directors, and staff in CCNL in their
day to day struggles to finalize the appeal in the
Supreme Court of Nigeria.
(3.4) We have the understanding that Patentees have invested for
years in the Patented invention of CCNL without any return on their investment,
but Patentees should as well appreciate the Management of CCNL for all the
efforts put in place to finalize the case in the Supreme Court of Nigeria.
(4.0) Conclusion
(4.1) It is the sole responsibility of the Supreme
Court of Nigeria to fix hearing date for cases listed before it as demonstrated
by Honourable justices Uwa in the
case between Bajoga v. Government, F.R.N.2007,
when he said and I quote him verbatim.
It is the court`s duty to fix hearing date of the motion
on notice after granting leave. An applicant has no role to play in the fixture
of such hearing dates.
Per: Justice Uwa
Bajoga v. Government, F.R.N.2007
(4.2) From the
above authority of Justice Uwa, it is obvious that the fixing of
hearing date for cases before a court of competent jurisdiction is not the duty
of any litigant but the responsibility of the court.
(4.3) Asking me (Yusuf Nurudeen) or The
Board Of Directors in CCNL to fix hearing date for a case before The
Supreme Court of Nigeria is like asking
us to take over the responsibility of the court.
(4.4) As the court
pleases, & on the discretion of the court, the court shall
notify The Board Of Directors in CCNL
the next or new hearing date of suit sc./69/2011 through an instrument of the
court called HEARING NOTICE.
(4.5) The moment a new hearing notice is
issued by the court, I shall notify all the CCNL Patentees on the social media.
(4.5) Thanks for your
understanding.
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/
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