Comandclem Marketing Manager Explained The Reasons Why Comandclem Appealed In The Supreme Court Content 1.0 Introduction …………………………………………………………… Page 1 of 7 2.0 Contents Of The Meeting…….………………………………..Page 2 of 7 3.0 Opening Address………………….…………………………………..Page 3 of 7 4.0 The Pronouncement Of Honourable Justice Kumai Bayang Akaahs (JCA)……..…………….Page 4 of 7 5.0 The Pronouncement Of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA)……………………………….……………..Page 5 of 7 6.0 Reason Why The Appeal Filed By Comandclem Nigeria Limited Will Succeed In The Supreme Court Of Nigeria…………………………………………………………Page 6 of 7 7.0 Conclusion……………………………………………………………………Page 7 of 7 1.0 INTRODUCTION The Marketing Manager of Comandclem Nigeria Limited, Yusuf Nurudeen, has explained in details the reasons why Comandclem Nigeria Limited appealed the rulings of Honourable Justice Kumai Bayang Akaahs (JCA) of the Federal Court of Appeal, Calabar Judicial Division in the Supreme Court of Nigeria in the third monthly meeting organized by the Ondo State Patentees on 29th of March, 2014. The third monthly meeting organized by the Ondo State Patentees availed hundreds of Patent-Right Investors in the intellectual property of King Professor Emeritus CJA Uwemedimo ample of opportunities to know the cogent reasons why the appeal filed by Comandclem Nigeria Limited will succeed in the Supreme Court of Nigeria. The Ondo State Patentees organized the third monthly meeting in a secondary school which accommodated the teaming lovers and ardent supporters of King Professor Emeritus CJA Uwemedimo. Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) Pay to Company`s Account Bank: Access Bank Nigeria PLC Account Name: Comandclem Nigeria Limited Account Number: 0042926342. (3) Call Yusuf Nurudeen (CCNL Marketing Manager) on 07032522248 for your investment documents and receipt. Patentees Or Clement Foundation Registration Amount Of Registration N30,000:00 And 4 Passport Photographs Benefits (1) N30,000:00 As A Monthly Ticket Under CCNL Social Security Scheme (2) Guaranteed Employment In (A) Oil And Gas Industries, (B) New 155 Cottage Industries (C) An Airline Company To Be Floated By CCNL. It was an interesting and interactive avenue coupled with favourable discussion environment to enumerate the substantial progress recorded by Comandclem Nigeria Limited in the legal suit (SC./69/2011) filed against Mobil Producing Nigeria Unlimited over patent right infringement of RP:13522 and breach of sole supplier status agreement in the Supreme Court of Nigeria. 2.0 CONTENTS OF THE MEETING The conversation below exhibited the reasons why Comandclem Nigeria Limited filed an appeal against the verdict of Justice Kumai Bayang Akaahs (JCA) in the Supreme Court of Nigeria as explained by the CCNL Marketing Manager in the meeting held in Ondo State on 29th of March, 2014. Happy reading. 3.0 OPENING ADDRESS “The esteemed Patentees Of the King Clement Foundation, I am happy to announce to you that the days of our celebrations and joy over the victory of Comandclem Nigeria Limited in the Supreme Court of Nigeria are very near. We appreciate your understandings and endurances for the past years in the legal battle to overcome the enemy of Nigerians over the use of the patented invention of the King without paying royalty. 4.0 THE PRONOUNCEMENT OF HONOURABLE JUSTICE KUMAI BAYANG AKAAHS (JCA) Honourable Justice Kumai Bayang Akaahs (JCA) of the Federal Court of Appeal, Calabar Judicial Division in 2009, claimed that the case of Comandclem Nigeria Limited was statute barred, and the Judge woefully failed to award the long awaited royalties against Mobil Oil over the unauthorized use of the patented invention called Anti-Corrosive Special paint for QIT QAD RP: 13522 of King Professor Emeritus CJA Uwemedimo. Precisely, Honourable Justice Kumai Bayang Akaahs (JCA) pronounced that the case of Comandclem Nigeria Limited was statute barred when he said and I quote, “As it turned out the purported infringement occurred in the early 1980s and since the action was commenced in 2000, it is statute barred even if they had proved their case as there is no evidence that the infringement has continued after the Patent for the invention was registered.” Per: Honourable Justice Kumai Bayang Akaahs JCA( CA/C/15/2009.) REASON WHY COMANDCLEM NIGERIA LIMITED APPEALED IN THE SUPREME COURT Comandclem Nigeria Limited filed an appeal in the Supreme Court of Nigeria to exhibit before the Honourable Justices Of The Apex Court Of The Land that Paragraph 29 (iii), (iv), (V) And (Viii) Of The Amended Statement Of Claim filed by Comandclem Nigeria limited are not statute barred so that the court can award royalties, compensations, and damages against the patent right infringer, Mobil Producing Nigeria Unlimited. Technically speaking, Comandclem Nigeria Limited is in the Supreme Court of Nigeria to challenge the jurisdiction of Honourable Justice Kumai Bayang Akaahs (JCA) to entertain, review and re-litigate the settled verdict of another court of coordinate or concurrent jurisdiction (Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA)) between the same parties and on the same subject matters. 5.0 THE PRONOUNCEMENT OF HONOURABLE JUSTICE CHRISTOPHER MITCHELL CHUKWUMA-ENEH (JCA), For your information, in the Federal Court of Appeal, Calabar Judicial Division in 2005 Suit No.:CA/C/6/2003 before Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA), the court ruled categorically that the case of Comandclem Nigeria Limited was not statute barred when the court said and I quote. “I have examined paragraph 29 of the Amended Statement of Claims and I agreed with the respondents (CCNL) there were relieves i.e. cause of actions not caught by the limitation law and it will be unwise to ask the court to strike dawn the claim with relieves as contained (iii), (iv) (v) and (viii) of paragraph 29 of the Amended statement of Claim. It must be observed that relieves (iii), (IV) (v) and (viii) of paragraph 29 of the Amended statement of Claim have not been affected by the limitation law. I do not see the propriety of dismissing the respondents` (CCNL) action in the light of those relieves.” Per: Honourable Justice Christopher M. Chukwuma-Eneh (JCA) SUIT NO.: CA/C/6/2003 Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) Pay to Company`s Account Bank: Access Bank Nigeria PLC Account Name: Comandclem Nigeria Limited Account Number: 0042926342. (3) Call Yusuf Nurudeen (CCNL Marketing Manager) on 07032522248 for your investment documents and receipt. Committee Of Friends In The Ruling Council Of CCNL Registration As : Amount Of Registration (1) Prince / Princess = N150,000 (2) Lady / Sir= N200,00 (3) Noble= N2 Million (4) Baron= N3 Million (5) Knight= N4 Million Plus Additional 2 Passport Photographs Benefits (1) Monthly Salaries For Those In Those Ruling Councils Are Sa Follows. Basic Total Allowance (1) Prince / Princess = N100,000 N400,000 (2) Lady / Sir = N300,000 N500,000 (3) Noble = N500,000 N700,000 (4) Baron = N500,000 N800,000 (5) Knight = N500,000 N800,000 6.0 REASON WHY THE APPEAL FILED BY COMANDCLEM NIGERIA LIMITED WILL SUCCEED IN THE SUPREME COURT OF NIGERIA. From the eyes of the law in Nigeria, no judge of equal power/ coordinate authority has jurisdiction to over-rule another judge of equal power / coordinate authority. Technically speaking, all the Federal Court of Appeal Judges have equal powers, and none has jurisdiction to over-rule another most especially between the same parties and on the same issues in dispute. The above principle of law was demonstrated by Honourable Justice Walter Samuel Nkanu Onnoghen, J.C.A. when he said and I quote. It is not competent for a court to over-rule the decision of another court of co-ordinate jurisdiction. Thus, in absence of statutory authority, a court has no power to set aside or vary the order of another court of co-ordinate or concurrent jurisdiction. No court can, therefore, sit on appeal over its own decision of courts of co-ordinate jurisdiction.” Per: Walter Samuel Nkanu Onnoghen, J.C.A. Suit No.: CA/IL/54/2001 Parties: Professor Albert Folorunsho Ogunsola V. Alhaji Mohammed Abiodun Usman The reason why the appeal filed by Comandclem Nigeria Limited will succeed in the Supreme Court of Nigeria is that Honourable Justice Kumai Bayang Akaahs JCA( CA/C/15/2009.) of the Federal Court of Appeal, Calabar Judicial Division entertained, over-ruled, reviewed and re-litigated the settled verdict of Honourable Justice Christopher M. Chukwuma-Eneh (JCA) SUIT NO.: CA/C/6/2003 of the same Federal Court of Appeal, Calabar Judicial Division between CCNL and Mobil Oil with respect to whether or not relieves as contained (iii), (iv) (v) and (viii) of paragraph 29 of the Amended statement of Claim are statute barred. CONCLUSION From the eyes of the law applicable in Nigeria, Honourable Justice Kumai Bayang Akaahs JCA( CA/C/15/2009.) is not competent or has no jurisdiction to overrule the settled verdict of Honourable Justice Christopher M. Chukwuma-Eneh (JCA) SUIT NO.: CA/C/6/2003 on the grounds that both judges have equal power. Any decision of a court without a jurisdiction is a nullity as demonstrated by Honourable Justice Fabiyi (JSC) when he said and I quote. The issue of jurisdiction is very fundamental and radical. It should be determined at the earliest opportunity when it is raised. It forms the foundation or bedrock of adjudication and where a court lacks jurisdiction, there is want of competence to try the matter. If a court has no jurisdiction to hear and determine a case, the proceedings remain a nullity ab initio no matter how well conducted and decided. Per: Honourable Justice Fabiyi (JSC) Suit No: SC/44/2010. (Page 13) 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 Name: twitter/Comandlem_Nig CCNL Facebook Name: Comandclem Patentees CCNL Corporate Facebook Address: facebook/COMANDCLEMNIGERIALIMITED CCNL Corporate Website: comandclemonline CCNL Forum: comandclemonline/forum/index.php?
Posted on: Mon, 14 Jul 2014 10:32:27 +0000
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