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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Comment by Comandclem Patentees on April 22, 2014 at 5:31am
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.

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(1) Identify Your Investment planes
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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
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(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: www.twitter.com/Comandlem_Nig
CCNL 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?
Comment by Comandclem Patentees on April 22, 2014 at 5:31am
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: www.twitter.com/Comandlem_Nig
CCNL 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?
Comment by Comandclem Patentees on April 22, 2014 at 5:30am
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: www.twitter.com/Comandlem_Nig
CCNL 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?
Comment by Comandclem Patentees on April 22, 2014 at 5:25am
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)

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