CCNL Finally Files Restoration Application To Resurrect The Fallaciously Dismissed Appeal (SC./69/2011). The Management of Comandclem Nigeria Limited has recorded another substantial legal progress in the realization of unpaid royalties expected to be accrued to patentees over the unauthorized, continuous use, and massive importation of the patented invention of King Professor CJA Uwemedimo (RP: 13522) by Mobil Producing Nigeria Unlimited through a successful Restoration Application recently filed in the Supreme Court of Nigeria. While filing the Restoration Application in the Supreme Court of Nigeria, one of the Marketing Managers in Comandclem Nigeria Limited, Yusuf Nurudeen (ACA) interviewed the CCNL Legal Counsel, Reverend Jesse Daniels Onuigbo ESQ on some critical issues relating to the aforesaid application. Below is the interview, happy reading. Marketing Manager, Asked a question as follows. From the perspectives of Patentees who have invested in the intellectual property of CCNL for years, what are the importances of this restoration application to them? Revered Jesse Daniels Onuigbo Replied as follows. The importance of this restoration application cannot be overemphasized with respect the resurrection of our dismissed appeal in the Supreme Court of Nigeria. For record purposes, on 5th of May, 2014, the Supreme Court of Nigeria before Honourable Justice Walter Samuel Nkanu Onnoghen (JSC) drew my attention to a Notice of Withdrawal dated 17th day of March, 2011, but filed on 24th day of March, 2011, which was allegedly emanated from Professor Tony Ukam (the formal legal counsel). Based on the aforesaid Notice of Withdrawal, the Supreme Court of Nigeria dismissed the Appeal filed by Comandclem Nigeria Limited on the 5th day of May, 2014 but adjourned the Cross Appeal filed by Mobil Producing Nigeria Unlimited for hearing to the 7th day of October 2014. Now to answer your question, the importance of this Restoration Application is to pray the Honourable Justices of the Supreme Court of Nigeria to set aside its order made on the 5th day of May, 2014 dismissing the appeal filed by CCNL on the bases of aforesaid Notice of Withdrawal. Furthermore, this Restoration Application is also praying the Honourable Justices of the Supreme Court of Nigeria to restore the mistakenly dismissed appeal filed by CCNL in the interest of justice and equity. The legal implication of this restoration application is to resurrect the mistakenly dismissed appeal filed Comandclem Nigeria Limited. This application will make the appeal filed by CCNL come back alive again. Thank you very much for this question. Marketing Manager Asked a question as follows. The decision of the Supreme Court of Nigeria is final, and it is not subjected to any review or re-litigation going by the principle of stare decises. How can you convince the Supreme Court of Nigeria to set aside its order made on 5th of May, 2014, dismissing CCNL Appeal? Revered Jesse Daniels Onuigbo Replied as follows. Fundamentally, the Supreme Court of Nigeria does not set aside its own judgment once delivered, it becomes final and conclusive. But in some special circumstances, the Supreme Court of Nigeria has inherent jurisdiction to set aside its own judgment or decision in the interest of justice and equity. In a conspicuous scenario where the Honourable Justices Of The Supreme Court Of Nigeria have been misled to give an order, decision or judgment under a mistake belief totally contrary to the facts and figures on ground, the Supreme Court of Nigeria has inherent jurisdiction to set aside such an order, decision and judgment in the interest of justice and equity. Like the case of Comandclem Nigeria Limited, the Honourable Justices of the Supreme Court of Nigeria were misled to give an order dismissing the appeal of my employer (CCNL) because of A Notice of Withdrawal presumed to have been filed by Professor Tony Ukam who expressly denied haven filed such a malicious application in a letter dated 16th of May, 2014. In addition, the Supreme Court of Nigeria also has inherent jurisdiction to set aside its judgment where it is obvious that such a judgment is default, and most importantly where such a judgment is not predicated on merit. Like the case of Comandclem Nigeria Limited, the Honourable Justices of the Supreme Court of Nigeria dismissed the appeal filed by CCNL where there is no evidence before the court to exhibit that Mobil Producing Nigeria Unlimited was served a copy of the alleged Notice of Withdrawal. It is very important to express categorically that both parties, (CCNL and Mobil Oil), never consented to withdraw the case from the Supreme Court of Nigeria. It is crystal clear that an order dismissing the appeal filed by CCNL was not only default but also not predicated on merit because Mobil Oil was never served the alleged Notice of Withdrawal, and most importantly, parties never consented to withdraw the case from court. Under the above stated situations, the Honourable Justices of the Supreme Court of Nigeria have inherent jurisdictions to set aside its own judgments, orders, and decisions in the interest of justice and equity. Thank you very much for this question. Marketing Manager Asked a question as follows. Now that Comandclem Nigeria Limited has filed a Restoration Application in the Supreme Court of Nigeria, when would the Supreme Court of Nigeria make a pronouncement on this application? Revered Jesse Daniels Onuigbo Replied as follows. It is not the responsibility of a party to an appeal to dictate or determine the date of hearing a particular application before the court. The sole responsibility of a party to an appeal is to file all the necessary applications that will enable a court of competent jurisdiction to deliver its judgment. Dictating the date of hearing the Restoration Application is like taking over the responsibility of the Supreme Court of Nigeria in that regard. The Honourable Justices of the Supreme Court of Nigeria have discretionary powers over when to hear a particular application. The argument whether the Supreme Court of Nigeria will entertain this Restoration Application on or before 7th of October, 2014 rests on the discretionary powers of the judges of the apex court of the land. Thank you. Name: Yusuf Nurudeen (B. Sc, AAT, ACA) Head Office Address: CCNL Zonal Headquarters, Position: CCNL Marketing Manager Number 4, Ogudu Road, Ojota, Lagos State. Ondo State Office: Position: CCNL Ondo State Manager No 32. Oba-Adesida Road, Opposite Airtel Office, S.O. Area, Akure. Mobil Number: +2347032522248 CCNL Twitter Handle: twitter/Comandlem_Nig CCNL Facebook Name: Comandclem Patentees CCNL Corporate Facebook Address: facebook/comandclemnigerialimited CCNL Corporate Website: comandclemonline CCNL Forum: comandclemonline/forum/index.php?
Posted on: Mon, 18 Aug 2014 00:32:27 +0000
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