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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