1.0 Introduction 2.0 Fundamental Facts Of The Case 3.0 How The Supreme Court Of Nigeria Lied Against Professor Tony Ukam 4.0 Recommendations Of The Honourable Justices Of The Supreme Court Of Nigeria On The Restoration Of Suit SC./69/2011 5.0 The Restoration Of The Dismissed Suit No SC./69/2011 6.0 The Procedural Approach to the Restoration Of A Dismissed Appeal. 7.0 Would The Proposed Restored Suit Starts Afresh In The Supreme Court Of Nigeria On 7th Of October, 2014? 8.0 Conclusion 1.0 Introduction On behalf of The Chairman & The Chief Executive Officer Of Comandclem Nigeria Limited, King Professor (Emeritus) CJA Uwemedimo, I appreciate your question in view of its importance to the generality of patentees who might have been misinformed or confused at this crucial stage of the case. In actual fact, my respond to your question will go a long way to clear air on some rumours in circulations with respect to the erroneously dismissed Appeal filed by CCNL in the Supreme Court of Nigeria. 2.0 Facts Of The Case On 5th of May, 2014, Honourable Justice Walter Nkanu Samuel Onnoghem (JSC) progressed in a grievous error to dismiss the Appeal (SC./69/2011) filed by CCNL on the ground that the Former Legal Counsel of CCNL (Professor Tony Ukam) had filed a notice of case withdrawal as far back as 24th of March, 2011. All efforts made by the CCNL lawyer (Rev. Jesse-Daniel Onuigbo ESQ) to convince the court to the effect that the Former CCNL Counsel (Professor Tony Ukam) was neither filed nor authorized to file any notice of case withdrawal proved abortive before the Honourable Justices of the Supreme Court of Nigeria. Honourable Justice Walter Nkanu Samuel Onnoghem (JSC) was even happy to dismiss the case despite the facts that there was no evidence before the court to show that Mobil Producing Nigeria Unlimited was served a copy of the fake/alleged notice of case withdrawal. And most importantly, there was no evidence before the court to show that both CCNL and Mobil Oil consented to withdraw the case from the Supreme Court of Nigeria. It is on record that the Supreme Court of Nigeria had entertained the Appeal in question in four (4) distinct times in the past without any notice of case withdrawal in the Case File. Court Observers and Case Analysts doubted the integrity and impartiality of the Supreme Court Judges on how the notice of case withdrawal resurrected in the Case File while hearing the appeal in the fifth (5) times. Honourable Justice Walter Nkanu Samuel Onnoghem (JSC) erroneously dismissed the appeal when he said and I quote. “There is nothing to be adjourned as the appeal withdrawn has ceased to exist. In the circumstance, appeal SC./69/2011 withdrawn is hereby dismissed.” 3.0 How The Supreme Court Of Nigeria Lied Against Professor Tony Ukam On 5th of May, 2014, in the open court of the Supreme Court Of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghem (JSC) publicly displayed a document termed “Notice of Case withdrawal” allegedly written by the former Counsel of CCNL (Professor Tony Ukam) which formed the legal bases upon which the appeal in question was dismissed. It is on record that on 12th of May, 2014, King Professor Emeritus CJA Uwemedimo officially wrote a letter to Professor Tony Ukam questioning him on his justifications to withdraw CCNL Appeal without his instructions to that effect. Below is an extract of the letter. “My shock and surprise stemmed from the fact that I never instructed you to apply to withdraw the aforesaid appeal; neither did you notify me of your having done the same till date.” Professor Tony Ukam completely denied filing any notice of case withdrawal in his respond dated 16th of May, 2014 when he said and I quote an extract of the letter. Permit me to say that; (c) Apart from the processes you mandated me to file in 2011 as a fall-out meeting with former President Obasanjo, I’ve never filed anything since 2012 when you decided to abandone me for lawyers who knew not the sweat/history of Comandclem and the innocent patentees”. It is the submission of Anti-Corrosive Vanguard that the allegation of case withdrawal leveled against Professor Tony Ukam by the Supreme Court of Nigeria cannot be substantiated in view of the fact that the court could not find the alleged notice of withdrawal in the case file in the first four times the court entertained the matter. In one word, The Honourable Judges of the Supreme Court of Nigeria lied against Professor Tony Ukam only to dismiss the Appeal filed by CCNL. 4.0 Recommendations Of The Honourable Justices Of The Supreme Court Of Nigeria In Suit Sc./69/2011. It is on record that The Honourable Justices of the Supreme Court of Nigeria recommended that if actually CCNL didn`t authorize the former Counsel to file any notice of case withdrawal, CCNL should file an application subsequently to restore the dismissed appeal when the court said and I quote, “if you want your appeal re-listed, you will bring an application subsequently on the bases that the former appellant`s counsel was not authorized to file a notice of case withdrawal, as simple as that.” Per: Supreme Court of Nigeria Suit No: sc./69/2011 Date: 5/5/2014 5.0 An Overview Of The Question Posted By Ikechukwu Bonik. Haven explained in details the circumstances that led to the erroneous dismissal of the Appeal filed by CCNL; I consider it pertinent to critically tackle the question adduced by Ikechukwu Bonik. Question And Answer In view of the recent erroneous dismissal of CCNL Appeal in the Supreme Court of Nigeria by Justice Walter Samuel Nkanu Onneghen (JSC) on 5th of May, 2014, and the possible restoration of the appeal any moment from now in the apex court of the land, would the appeal start afresh in the Supreme Court of Nigeria on 7th of October, 2014? Per: Ikechukwu Bonik Member: Comandclem Patentees` Association, Nigeria. From the above question, it is manifestly cleared that Ikechukwu Bonik tenaciously believed that the erroneously dismissed Appeal filed by CCNL has one hundred percent (100 %) assurance and possibility of being restored any moment the legal term of CCNL files an application to that effect. The only area of confusion to Ikechukwu Bonik and other patentees is whether or not the Proposed Restored Appeal filed by CCNL will start afresh in the Supreme Court of Nigeria on 7th of October, 2014, the date specifically set aside for the hearing of the cross appeal filed by Mobil Producing Nigeria Unlimited. 6.0 The Procedural Approach to the Restoration Of A Dismissed Appeal. For your information, it is not a big deal to dismiss an appeal in error because of the fact that such an appeal has high potential of being restored the moment an application is forwarded to the Supreme Court Of Nigeria in that regard. The above truism is supported by the rules of the Supreme Court Of Nigeria, 1985 (as amended), order 8, rule 8 (4) and I quote. “An Appellant whose appeal has been dismissed under this rule may apply by notice of motion that his appeal be restored. Any such application may be made to the Court and the Court may, where exceptional circumstances have been shown, cause such appeal to be restored upon such terms as it may think fit.” The exceptional circumstances the Legal Team of CCNL is expected to exhibit before the Honourable Justices of the Supreme Court of Nigeria to actualize the restoration of the erroneously dismissed appeal are stated below. (1) No evidence before the court to show that Mobil Oil was served a copy of the fake notice of case withdrawal. (Order 8, Rule 6 (1) Of The Supreme Court Rule, 1985 As Amended). (2) No evidence before the court to show that both CCNL and Mobil Oil consented to withdraw the appeal from the Supreme Court of Nigeria. . (Order 8, Rule 6 (4) Of The Supreme Court Rule, 1985 As Amended). (3) Haven ruled on the appeal four (4) times in the past without the alleged/fake notice of case withdrawal in the case file, the apex court is left with no option than to restore the erroneously dismissed appeal in the interest of justice. 7.0 Would The Proposed Restored Suit Starts Afresh In The Supreme Court Of Nigeria On 7th Of October, 2014? In the eye of the law, a restored appeal cannot start afresh before the honourable justices of any court of competent jurisdiction. A restored appeal will be brought back to his previous proceeding position before dismissal. A restored appeal is not treated as a new case because treating it as such will amount to rendering the past orders/pronouncements of the court mere academic exercise. The above opinion is corroborated by the judicial pronouncement of Honourable Justice Aboki (JCA) in the case of D.Y.S Trocca Valsesia & Co versus Osaghae 2008 ALL FWLR Pt. 413 when the court said and I quote. “Restore is defined as re-establishing, renew, bring back into use, replace, put back, bring to former place or condition. Restoring an appeal cannot catapult such an appeal to the statute of being entered or listed. Thus, to restore a dismissed appeal is to bring back the dismissed appeal.” Per: Honourable Justice Aboki (JCA) Case: D.Y.S Trocca Valsesia & Co versus Osaghae 2008 ALL FWLR Pt. 413 8.0 Conclusion On 7th of October, 2014, the date specifically set aside for the hearing of the Cross Appeal filed by Mobil Producing Nigeria Unlimited, the Honourable Justices Of The Supreme Court of Nigeria will not treat the proposed restored appeal filed by CCNL as a new appeal or start afresh to entertain the appeal in question. But the court will bring the appeal in question back to its previous position or condition before dismissal. It is on record that The Legal Team Of CCNL applied for accelerated hearing of the case on 14th of October, 2013 in the Supreme Court of Nigeria. The said application was entertained by the Supreme Court of Nigeria on 30th of October, 2013, in the inner chamber of the apex court of the land, and the case subsequently adjourned to 5th of May, 2014 before the appeal was dismissed in error by Honourable Justice Walter Nkanu Samuel Onnoghem (JSC) on 5th of May, 2014. In one word, the appeal in question will assume the status of accelerated hearing as adjudicated upon by the Supreme Court of Nigeria on 30th of October, 2013 after restoration of the appeal any moment from now. Name: Yusuf Nurudeen (B. Sc, AAT, ACA) Head Office Address: CCNL Zonal Headquarters, Position: CCNL Marketing Manager Number 4, Ogudu Road, Ojota, Lagos State. Ondo State Office: Position: CCNL Ondo State Manager No 32. Oba-Adesida Road, Opposite Airtel Office, S.O. Area, Akure. Mobil Number: +2347032522248 CCNL Twitter Handle: twitter/Comandlem_Nig CCNL Facebook Name: Comandclem Patentees CCNL Corporate Facebook Address: facebook/ComandclemNigeriaLimited CCNL Corporate Website: comandclemonline CCNL Forum: comandclemonline/forum/index.php? Facebook Publication Page: facebook/PatenteesOnlineNewsPaper
Posted on: Sun, 06 Jul 2014 19:16:44 +0000
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