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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