CCNL versus Mobil Oil: The Supreme Court Of Nigeria Issues Hearing Notice Of 3rd Of November, 2014 Sitting Content 1.0 Introduction 2.0 Possible Motions To Be Entertained On 3/11/2014 3.0 The Impacts of Hearing Notices On A Case. 4.0 Conclusion 1.0 Introduction 1.1 The Supreme Court of Nigeria has invited both Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited for the continuation of the legal proceedings on the patent right infringement of Anti-Corrosive Special Paint for QIT QAD RP:13522 and breach of sole supplier agreement allegation against Mobil Oil through the issuance of hearing notices dated 8th of October, 2014. 1.2 It is on record that Honourable Justice Walter Nkanu Onnoghen (JSC) on 5th of May, 2014, adjourned the hearing of the Cross Appeal to 7th of October, 2014 having dismissed the brief of argument filed by CCNL on the ground that a notice of withdrawal was allegedly written by Professor Tony Ukam (Formal leading Legal Counsel of CCNL). 1.3 The 7th of October, 2014 slated for the hearing of the Cross Appeal filed Mobil Producing Nigeria Unlimited clashed with the Muslim Popular festival called Id El Kabir. In one word, the hearing of the Cross Appeal could not hold in the Supreme Court of Nigeria on 7th of October, 2014 because the said date was declared a public holiday by the Minister of Interior, Abba Morro. 2.0 Possible Motions To Be Entertained On 3/11/2014 2.1 In view of the above, the Honourable Justices of the Supreme Court of Nigeria in their collective wisdoms adjourned the fourteen (14) years old case for additional 27 days possibly to entertain the following motions on notice. (A) Motion on Notice to Restore CCNL Appeal, filed by Comandclem Nigeria limited (B) Motion on Notice for Time enlargement to file Cross Appellant Reply Brief, filed by Mobil Oil. (C) Motion on Notice to Join Muideen Oyewo Adekunle (Agent of Pastor Monday) as an Inventor to the case. 3.0 The Impacts of Hearing Notices On A Case. 3.1 The Supreme Court of Nigeria issued hearing notices to CCNL and Mobil Oil not only to invite both litigants to the court on the aforementioned date but to respect their rights to fair hearing being constitutional issues. 3.2 From the eyes of the law, a court of competent jurisdiction has no power to entertain a case except hearing notices are issued to all the parties involved the case. This view is supported by the pronouncement of Justice Shoremi (JCA) in the case of Monterry Nigeria Limited V. Sindeng Nigeria Limited when the court said and I quote him verbatim. The right to fair hearing cannot be waived or statutorily taken away. Also all trial courts are enjoined to ensure that hearing notices are issued on parties before embarking on trial of any matter before them. See Bamgbose v. Unilorin (1999) 10 NWLR (Pt. 622) 290 @ 305 SC;Awoniyi vs. The Register Trustees of the Rosicrucian Order Amorc (Nig) (2000) 6SC Pt. 1, 103.” Per: SHOREMI, J.C.A.(P. 18,paras. B-D) Suit No: CA/B/233/2000 4.0 Conclusion 4.1 The Supreme Court of Nigeria has executed its administrative roles under the law necessary to resolve a fourteen-years-old-case (14) involving CCNL and Mobil Oil. 4.2 Our fear is that whether or not the legal Counsels representing Mobil Oil (Mike Ozakhome and Eyimofe Atake) will have the courage to appear before the Supreme Court of Nigeria on 3rd of November, 2014. 4.3 It is on record that the Legal Counsels representing Mobil Oil, Mike Ozekhome and Eyimofe Atake, deliberately failed to appear before the Honourable Justices of the Supreme Court of Nigeria on 10th of July, 2012 which necessitated the adjournment of the case to 29th of January, 2013. 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: Fri, 10 Oct 2014 21:55:47 +0000
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