Page 5 of 9 Mr. Manager Is There Any Hope For Comandclem To Win This Case In The Supreme Court Of Nigeria? To be honest with you, I have to congratulate you ahead of the incoming victory of Comandclem Nigeria Limited in the Supreme Court of Nigeria. Those who thought you have lost your investments in CCNL will soon have reasons to rejoice with you very soon. Yes, I mean it. Your investment in CCNL is saved and secured. Let me inform you that the judgment and findings of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) (CA/C/6/2003) to the effect that paragraph 29 (iii), (iv) (v) and (viii) of the Amended Statement Of Claim filed by CCNL were not statute barred are still subsisting and valid because the judgment/finding was not appeal by Mobil Oil in the Supreme Court of Nigeria. In the Nigerian Principles of laws, the failure of Mobil Oil to file an appeal against the judgment delivered by Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) (CA/C/6/2003) implies that Mobil Oil has accepted in totality and bound by the ruling of the said court. The above principle of law was demonstrated by Honourable Justice Mahmud Mohammed (JSC) in the Supreme Court of Nigeria four weeks ago in the case of Nicholas Chukwujekwu Ukachukwu Versus People’s Democratic Party & 3 Ors when he said and I quote. The law is that the findings of the court of appeal or trial court in respect of which there is no appeal, the findings remain valid and full force. Per: Justice Mahmud Mohammed JSC Suit Number: SC./589/2013 Date: 31 January, 2014 Page 6 of 9 Having realized that the case of CCNL was not statute barred, and The King invented Anti-Corrosive Special Paint for QIT QAD, RP 13522, Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) referred the case to The Federal High Court, Calabar Judicial Division for the determination of royalty and other monetary claims Mobil Oil is expected to pay Comandclem Nigeria Limited for the use of the patented invention of The King for the extraction of crude oil, condensate, liquefied natural gas when he said and I quote, “The nature of evidence to be called at the trial will necessarily establish the monetary claims, the rate of the royalty per barrel of crude oil, condensate, liquefied natural gas and whether produced daily as from the accrual of cause of action or otherwise.” Per: Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) Instead of Justice Gladys K. Olotu (JCH) to determine the royalty Mobil Oil is expected to pay to Comandclem Nigeria Limited, she assumed jurisdiction on a settled verdict of a Superior Court and reversed the findings & judgment of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) (CA/C/6/2003) between the same parties and on the same subject matters. The pronouncements of Justice Gladys K. Olotu (JCH) (FHC/UY/CS/47/2003) and Justice Kumai Bayang Akaahs (JCA) CA/C/15/2009) to the effect that the case of Comandclem Nigeria Limited was statute barred were judgments held without jurisdictions going by the principle of rem-judicata. The reason why there is hope in your investment in Comandclem Nigeria Limited is that Mobil Oil was unable to appeal the findings and judgment of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA). The implication of this is that no judge in Nigeria has jurisdiction to reverse, review and re-litigate the decisions of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) in line with the principles of rem-judicata and functio officio. Mobil Oil only filed an application for time enlargement within which to file an appeal against the findings/judgments of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) in the Supreme Court of Nigeria before Honourable Justice Sylvester Onu (JSC). This application for time enlargement was refused by Honourable Justice Sylvester Onu (JSC). Technically speaking, Mobil Oil never files any appeal against the findings / judgment of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) before the apex court of land. The failure of Mobil Oil to appeal the verdict of Honourable Justice Christopher Mitchell Chukwuma-Eneh (JCA) in the Supreme Court implies that they have accepted by the said decision and are bound by such judicial decision. The above principle of law was demonstrated by Honourable Justice Kekere-Ekun (JCA) when she said and I quote. The law is that where a party fails or elects not to appeal against a decision of a court of law, he is deemed to have accepted the decision and he is bound by it. Per: Honourable Justice Kekere-Ekun (JCA) Suit number: HA/EPT/05/8/2007, Page 35 Para E-F Parties: Akinremi versus Binuyo & Ors
Posted on: Mon, 10 Mar 2014 17:45:35 +0000
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