THE OFFICIAL REPORT OF THE LEGAL PROCEEDINGS 8TH OF APRIL , 2013 The Supreme Court Of Nigeria Between Comandclem Nigeria Limited And Mobil Producing Nigeria Unlimited SUIT NUMBER:SC.69/2011

THE OFFICIAL REPORT OF
THE LEGAL PROCEEDINGS
8TH OF APRIL , 2013
The Supreme Court Of Nigeria
Between
Comandclem Nigeria Limited
And
Mobil Producing Nigeria Unlimited
SUIT NUMBER:SC.69/2011

Content
(1) Background Information.
(2) Pre-Hearing Preparations Of Comandclem Nigeria Limited And Mobil Oil For 8th Of April, 2013 Case.
- CCNL Strategic Approach To The Apex Court
- Mobil Oil Strategic Approach To The Apex Court
(3) Motion On Notice Filed By The Litigants.
(4) The Proceedings Of 8th Of April, 2013 In The Supreme Court Of Nigeria
(5) Blow By Blow Account Of Arguments Of Lawyers On The Cross Appeal Filed By Mobil Producing Nigeria Unlimited
(6) The Rulings of the Supreme Court of Nigeria On 8th Of April, 2013
(7) The Interpretation Of The Rulings Of Justice Mahmud Mohammed On Cross Appeal Filed By Mobil Producing Nigeria Unlimited
(8) The Impacts Of The Rulings Of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011
(9) Personal Opinions Of Anti-Corrosive Vanguards On The Rulings Of Court (Justice Mahmud Mohammed)
(10) Date Of Next Hearing Of The Suit No SC./69/2011
(11) Conclusion

PAGE 1 OF 11
Background Information
On 29th of January, 2013, the teaming lovers and supporters of King Professor CJA Uwemedimoh across the globe were disappointed but apparently hopeful while in the court room in realization of the facts that the Supreme Court of Nigeria fallaciously assigned the case (SC.69/2011) of patent right infringement litigation and breach of sole supplier agreement between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited to Honourable Justice Kumai Bayang Akaahs being one of the five (5) Honourable Justices of the Apex Court Of The Land to adjudicate the thirteen years old case.
Honourable Justice Kumai Bayang Akaahs being one of the three (3) Justices of the Federal Court of Appeal, Calabar Judicial Division that gave substantive verdict on the contested issues set-aside for determination between Comandclem Nigeria Limited and Mobil Oil on 8th of December, 2009, lacks judicial capacity to entertain the same contested issues between the same parties twice haven being promoted to the Supreme Court of Nigeria. It is axiomatic in the Nigerian Judicial System that a judge cannot preside over his appeal. In realization of this judicial truism, the case between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited was shifted forward to 8th of April, 2013.

PAGE 2 OF 11
Pre-Hearing Preparations of
Comandclem Nigeria Limited
and Mobil Oil

CCNL Strategic Approach To The Apex Court
King Professor CJA Uwemedimoh hired the services of Barrister Rev. Jesse-Daniels Onuigbo Esq of over twenty-two (22) years legal experience/knowledge in the Nigerian case laws to lead the legal team of Comandclem Nigeria Limited to the Supreme Court of Nigeria. This professional legal luminary called Barrister Rev. Jesse-Daniels Onuigbo Esq displayed high level of expertise on the assumption of office in this case of patent right infringement and breach of sole supplier status between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited.
He believes that there are some motions/processes which should have been filed in the Federal High Court, Calabar Judicial Division before Justice Gladys K. Olotu but were omitted. As a result of this, he filed some motions/processes before the apex court of the land to enable the honorable justices of the Supreme Court of Nigeria to get acclimatize with the true picture and totality of a 13-year-old case, though some of the motions/processes, he anticipated may be refused.
Barrister Rev. Jesse-Daniels Onuigbo Esq filed the following motions among other processes in the Apex Court Of The Land.

PAGE 3 OF 11
Motion On Notice Filed By The Litigants.
(A) Motion On Notice Dated 6th of February, 2012 praying the court for the followings.
(1) An order of court granting leave to the Appellants/Applicants to amend their notice and grounds of appeal, and file an amended Appellant brief thereto.
(2) For the “Amended Notice and Grounds of Appeal” and “Amended Appellants Brief” annexed hereof and marked Exhibit V & VI respectively to be deemed to be duly filed and served relevant court fees having been paid.
(3) An order of court granting leave to the Appellants/Applicants to file additional documents in support of their claims.
(4) An order of court setting down this appeal for hearing.
(5) An order of accelerated hearing in this appeal.
(6) And for such further order or orders as this Honourable court may deem fit to make in the circumstances.

(B) Motion On Notice Dated 6th of February, 2012 praying the court for the followings.
(1) An order of court joining the Party Sought to be Joined as Second Respondent in this suit.
(2) An order that all the court processes in this appeal be served on the Party Sought to be joined at the head office of the Respondent at Mobil House, Lekki Express Way, Victoria Island Lagos, or alternatively, through courier service at the EXXONNMOBIL CORPORATION HEAD QUARTERS, 5959 LAS COLINAS BOULEVARD, IRVING , TEXAS, UNITED STATES 75039-2298, (972) 444-1000.
(3) And for such further order or orders as the Honourable Court may deem fit to make in the circumstance.

(C) Motion On Notice Dated 20th of December, 2012 praying the Honourable court for an order to consolidate all the processes of the court in suit no sc.198/2005 with those in the Substantive suit number sc./69/2011.

Mobil Oil Strategic Approach To The Apex Court
On the other hand, the Legal Counsel of Mobil Producing Nigeria Unlimited - Mike Ozekhome and Eyimofe Atake filed the following processes /motions.
(1) A Substantive Cross Appeal Dated 20th of March, 2012.
(2) Respondent’s Reply Brief to the Original Appellant Brief of Argument of CCNL filed by former lawyer- (Dr. Tony Ukam)


PAGE 4 OF 11
The Proceedings Of 8th Of April, 2013 In
The Supreme Court Of Nigeria

On 8th of April, 2013, the teaming supporters and lovers of King Professor CJA Uwemedimoh across the globe were present in the Supreme Court of Nigeria to watch the life proceedings of a (13) thirteen-year-old case being re-litigated in the Supreme Court of Nigeria for the second times on the same contested issues between the same parties- Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited. King Professor CJA Uwemedimoh was also in the court room with his close associates, family members and friends & well-wishers to hear the pronouncements of the Apex Court of the land on motions/processes regularizations before the Honourable Justices of the zenith court of the nation.
Honourable Justice Mahmud Mohammed was the presiding judge supported by Honourable Justice Mary Peter Odili, Honourable Justice Kayode Ariwoola and (2) other Honourable Justice at press time, we don’t know. Comandclem Nigeria Limited was represented by Barrister Rev. Jesse-Daniels Onuigbo Esq,and Ogunbodede Esq while Mobil Producing Nigeria Unlimited was represented by Chief Mike Ozekhome and (8) others legal luminaries.
Honourable Justice Mahmud Mohammed who was the presiding judge ruled substantially on all the motions on notice before the Supreme Court of Nigeria filed by either the legal counsels of Comandclem Nigeria limited or Mobil Producing Nigeria Unlimited. For the purpose of this report, we shall x-ray in details The Substantive Cross Appeal filed by Mobil Producing Nigeria Unlimited on 11th of April, 2012, and signed & dated by Dr. Eyimofe Atake on 20th of March, 2012. In our subsequent publications, we shall consider other motions on notice regularized by the Supreme Court of Nigeria on 8th of April, 2013 in the suit number SC./69/2011. Thanks for your understanding.

PAGE 5 OF 11
Blow By Blow Account Of Arguments Of Lawyers
On The Cross Appeal Filed
By Mobil Producing Nigeria Unlimited
The conversation below exhibited how litigants argued on the cross appeal filed by Mobil Producing Nigeria unlimited on 8th of April, 2013 before the Honourable Justices of the Supreme Court Of Nigeria. Happy reading.
Court (Justice Mahmud Mohammed)
Do we have any order motion on notice before this court?
Mike Ozekhome (Mobil Oil)
My lord, we have a motion on notice dated 23th of March, 2012 but filed 11th of April 2012.
Court (Justice Mahmud Mohammed)
Is the motion on notice signed by Dr. Atake?
Mike Ozekhome (Mobil Oil)
Yes Sir. It was signed by Dr. Atake.
Court (Justice Mahmud Mohammed)
Under which rule of this court are you filing this motion on notice?
Mike Ozekhome (Mobil Oil)
My lord, we are bringing our motion on notice under:
-Order 2, Rule 31, Section 1,
- Order 6, Rule 1, of the Rules of the Supreme Court of Nigeria of 1985 as amended and other inherent jurisdiction of this honourable court, my lord.
Court (Justice Mahmud Mohammed)
Barrister Onuigbo, this application is just a sort of application to file a cross appeal with you so that your Amended Notice Of Appeal, and Cross Appeal of Mobil Oil could be heard together. Barrister Onuigbo, any objection to this application?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
My lord, we filed a counter-affidavit against this application.
Court (Justice Mahmud Mohammed)
You filed a counter-affidavit! You see? The cross appeal of Mobil Oil is already on the ground. They shouldn’t cross appeal if they are unhappy with any part of the judgment of the lower court which you are also appealing against in this court?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
My lord, what we are saying is that Mobil oil ought to have brought this motion on notice (cross appeal) before now. Mobil Oil ought to have filed this application. Mobil Oil filed this application twenty-seven (27) months after the judgment of the lower court delivered on 8th of December, 2009. My lord …………..!!!!!..........!!!!!!!.........!!!!!!!!!?
Court (Justice Mahmud Mohammed)
Alright………….Alright…………Alright. Can Mobil Oil be granted an extension of time to file a cross appeal? If Mobil Oil has any complaint against the judgment of the lower court; the same judgment which yourself is not happy about, so what prevent Mobil Oil from coming here to say whatever they have to say against the judgment of the lower court?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
No objection my lord.
Court (Justice Mahmud Mohammed)
Thank you. Hope you are not asking for cost?
Barrister Rev. Jesse-Daniels Onuigbo Esq (CCNL)
I am not asking for cost, my lord. We shall reciprocate the gesture of the other party. My lord.
Court (Justice Mahmud Mohammed)

PAGE 6 OF 11
Court Ruling
The application for an enlargement of time for leave of this court to cross appeal against the judgment of the Court Of Appeal Calabar Judicial Division delivered on 8th of December, 2009 which was not opposed is hereby granted.
The cross appeal already filed in this court on 11th of April, 2012 is deemed properly filed and served today - 8th of April, 2013.
The application by the respondent/cross appellant for the extension of time to file respondent/cross appellant brief of argument is deemed properly filed and served. The respondent/cross appellant brief of argument already filed on 11th of April, 2012 is deemed properly filed today – 8th of April, 2013. No order of cost.

PAGE 7 OF 11
The Interpretation Of Rulings Of Justice Mahmud Mohammed On Cross Appeal Filed By Mobil Producing Nigeria Unlimited
Interpretation of legal terms.
In realization of the fact that Mobil Producing Nigeria Unlimited absolutely failed to file A Substantive Cross Appeal In The Supreme Court Of Nigeria within (3) months as provided for in the Supreme Court Act, Chapter 424, Laws of the Federation of Nigeria 1990, Section 27, Subsection (2A); Mike Ozekhome recently Filed An Application For Leave Of Court For Time Extension to File A Substantive Cross Appeal
Please, kindly allow me to quote The Supreme Court Act, Chapter 424, Laws Of The Federation Of Nigeria 1990, Section 27, Subsection (2A);
27. (1) where a person desires to appeal to the Supreme Court he shall give notice of appeal or notice of his application for leave to appeal in such manner as may be directed by Rules of Court within the period prescribed by subsection (2) of this section that is applicable to the case.

(2) The periods prescribed for the giving of notice of appeal or notice of application for leave to appeal are-

(a) in an appeal in a civil case, fourteen days in an appeal against an interlocutory decision and three months in an appeal against a final decision;

As a result of the above statutory provisions, the leading legal counsel of Comandclem Nigeria Limited-Barrister Rev. Jesse-Daniels Onuigbo Esq filed a Counter-Affidavit Requesting The Honourable Justices Of The Supreme Court Of Nigeria To Dismiss And Refuse The Cross Appeal Filed By Dr. Eyimofe Atake For Being Filed Out Of Time Recognized By Law. To ensure that the A Substantive Cross Appeal succeeds before the Honourable Justices of the Supreme Court of Nigeria, Mike Ozekhome filed An Application For Time Enlargement To File A Cross Appeal as provided for under section 31 of the Supreme Court Act, Chapter 424, Laws of the Federation of Nigeria 1990.

Please, kindly allow me to quote Section 31, Subsection (1) of the Supreme Court Act, Chapter 424, Laws of the Federation of Nigeria 1990.
31. (1) The Court may enlarge the time provided by these Rules for the doing of anything to which these Rules apply, or may direct a departure from these Rules in any other way when this is required in the interest of justice.

On 8th of April, 2013, the Leading Legal Counsel of Comandclem Nigeria Limited - Barrister Rev. Jesse-Daniels Onuigbo Esq had no option than to allow the Application For Leave Of Court For Time Extension to File A Substantive Cross Appeal to succeed in a situation where such a request was made by the Court (Justice Mahmud Mohammed).
Court (Justice Mahmud Mohammed)
Alright………….Alright…………Alright. Can Mobil Oil be granted an extension of time to file a cross appeal? If Mobil Oil has any complaint against the judgment of the lower court; the same judgment which yourself is not happy about, so what prevent Mobil Oil from coming here to say whatever they have to say against the judgment of the lower court?
Owing to the fact that the Application For Leave Of Court For Time Extension to File A Substantive Cross Appeal was granted by the by Court (Justice Mahmud Mohammed), the Substantive Cross Appeal filed by Mobil Oil was also granted despite it was filed twenty-seven (27) months as against three (3) months recognized by the law.

PAGE 8 OF 11
The Impacts Of The Rulings Of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011
It is pertinent to critically examine in detailed the possibilities of both positive and negative impacts of the rulings of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011. Our abilities to carry out judicial surgical operations on the pronouncements of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011 on 8th of April, 2013 with respect to the regularizations of all the motions on notice will go a long way to forecast the possible outcomes of a (13) thirteen- year-old-case between Comandclem Nigeria Lomited and Mobil Producing Nigeria Unlimited.
In Our next publication, the entire team of Anti-Corrosive-Vanguards shall review the pronouncements of Court (Justice Mahmud Mohammed) On Suit Sc./69/2011 on 8th of April, 2013. Happy reading in advance.

PAGE 9 OF 11
Personal Opinions Of Anti-Corrosive Vanguards On The Rulings Of Court (Justice Mahmud Mohammed)

The entire members of Anti-Corrosive Vanguards enjoy the constitutional rights of freedom of speech on issues pertaining to the Patent Right RP 13522 Of King Professor CJA Uwemedimoh. Our personal opinions shall be reserved until all the processes are filed in the Supreme Court of Nigeria by the legal counsels of Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited.

PAGE 10 OF 11
Date Of Next Hearing
The Suit No SC./69/2011
Going by the rulings of the Court (Justice Mahmud Mohammed) on 8th of April, 2013, it was obvious that the court deemed the Amended Brief Of Argument filed by Comandclem Nigeria Limited dully filed and served, and also deemed the Substantive Cross Appeal filed by Mobil Producing Nigeria Unlimited dully filed and served. The legal implication of this is that the Court expects the legal counsel of Comandclem Nigeria Limited to file a reply (Respondent’s Reply On Cross Appeal) to the Substantive Cross Appeal of Mobil Producing Nigeria Unlimited. In the same vein, the court also expects the legal counsel of Mobil Producing Nigeria Unlimited to file a reply (Respondent’s Reply on Amended Brief of Argument) to the Amended Brief Of Argument Of Comandclem Nigeria Limited. Those two correspondences are expected to be dully filed and served with (8) eight weeks as provided for in the Supreme Court Rule of 1985 (As Amended), Order 6, Rule 5, Section 2.
“The respondent shall file in the Court and serve on the appellant his own Brief within eight weeks after service on him of the Brief of the appellant. “

PAGE 11 OF 11
Conclusion
The legal implications of granting both the Amended Brief of Argument filed by Comandclem Nigeria Limited, and the Substantive Cross Appeal filed by Mobil Producing Nigeria Unlimited in the Supreme Court of Nigeria exhibited ostensibly that Honourable Justice Mahmud Mohammed was only keenly interested in the critical review or re-litigation of the entire judicial pronouncements of the first appellant court before Honourable Justice Kumai Bayang Akaahs majorly on the contested issues set-aside for determination between the litigants.
The contested issues between the litigants (CCNL and Mobil Oil) are un-reconcilable differences calling for an immediate adjudication before the Honorable Justices of the Supreme Court of Nigeria. From the perspective of Mobil Oil, this Oil Giant was not happy with the two pronouncements of the Federal Court of Appeal, Calabar Judicial Division before Honourable Justice Kumai Bayang Akaahs who ruled categorically that Anti-Corrosive Special Paint for QIT with patent number RP 13522 was invented by King Professor CJA Uwemedimoh, and the oral agreement to pay the sum of $2:00 (Dollar) per barrel was not against public policy (Petroleum Act).
Conversely, Comandclem Nigeria Limited was not comfortable with the two pronouncements of the Federal Court of Appeal, Calabar Judicial Division before Honourable Justice Kumai Bayang Akaahs who ruled that paragraph 29 (iii), (iv), (v), and (viii) of the Amended Statement of claim were statute barred, and Comandclem Nigeria Limited failed to show evidence that the infringement of the Latter Patent RP 13522 was continuous after 5th of August, 1999 when the Patent Certificate was issued by the Federal Government Of Nigeria to King Professor CJA Uwemedimoh.


It is the contention of Anti-Corrosive Vanguard that paragraph 29 (iii), (iv), (v), and (viii) of the Amended Statement of claim were not statute barred because of the fact that they constitute rem judicata , and the issue of continuous infringement on the Patent Right RP 13522 after 5th of August, 1999 by Mobil Oil has never been an issue in dispute either at interlocutory stage or the recent substantive stage of the legal battle.
NAME: YUSUF NURUDEEN (AAT, ACA)
POSITION: CCNL NATIONAL MARKETING MANAGER
OFFICE ADDRESS: CCNL ZONAL HEADQUARTERS, NUMBER 4, OGUDU ROAD,
OJOTA, LAGOS STATE.
MOBIL NUMBER: +2347032522248
EMAIL ADDRESS: thepatenteesonlinenewspaper@yahoo.com
TWETTER NAME: CCNL_PATENTEES
FACEBOOK NAME: COMANDCLEM PATENTEES
CCNL CORPORATE FACEBOOK ADDRESS: www.facebook.com/COMANDCLEMNIGERIALIMITED
CCNL CORPORATE WEBSITE: www.comandclemonline.com
CCNL FORUM: www.comandclemonline.com/forum/index.php?

www.comandclem.org/forum/index.php?topic=3.32

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