How Eyimofe Atake (SAN) Was Attacked By The CCNL Legal Team To Discontinue The Hearing Of The Cross Appeal In The Supreme Court In The Case Involving CCNL And Mobil Producing Nigeria Unlimited SC./69/2011 1.0 Introduction 2.0 The difference between Cross Appellant Reply Brief filed on 20th of April, 2014 and Another Cross Appellant Reply Brief filed on 9 th of June, 2014 3.0 Live argument in the court room on 3 rd of November, 2014 4.0 Court’s Objection to the Oral Application to Withdraw Cross Appellant Reply Brief. - Authority of Justice OPUTA (JSC) in Management Enterprises Ltd. V. Otunsanya, SUIT NO. SC 100/1985 5.0 Substitution Of A Name Of A Dead Party In A Litigation -Authority of Justice Ibrahim Kolapo Sulu- Gambari (JCA) in Kareem V. Wema Bank Ltd Suit No: CA/I/58/90 6.0 Oral Application For Substitution Of Name Of King Professor CJA Uwemedimo 7.0 Summary and Conclusion 1.0 Introduction 1.1 The case of Patent Right Infringement litigation and Breach Of Sole Supplier Status Agreement between Comandclem Nigeria Limited and Mobil Producing Nigeria Unlimited took a new and dramatic dimension on 3 rd of November, 2014 in the Supreme Court of Nigeria when the Leading Legal Counsel Of Mobil Oil, Dr. Eyimofe Atake (SAN) openly requested the indulgence of the Honourable Justices Of the Supreme Court of Nigeria to allow him to withdraw a Cross Appellant Reply Brief dated 21 st of April, 2014, and simultaneously requested the permission of the court to move another Cross Appellant Reply Brief dated 6 th of June, 2014. 1.2 Most of the court observers, court audiences, and civil- case analysts in the court room hardly understood the motive behind the request made by the Leading Legal Counsel of Mobil Oil, Dr. Eyimofe Atake (SAN) , to withdraw The Cross Appellant Reply Brief dated 21 st of April, 2014 in the case files. Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) 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. 1.3 As a civil-case analyst, I was able to uncover the fact that Dr. Eyimofe Atake (SAN) may have amended the Cross Appellant Reply Brief filed by Mobil Oil to technically frustrate the restoration of appeal filed by CCNL. 2.0 The Difference Between The Cross Appellant Reply Brief Filed On 21 st of April, 2014 And Another Cross Appellant Reply Brief Filed On 9 th Of June, 2014 2.1 On 7 th of July, 2011, CCNL appealed the rulings of Justice Kumai Bayang Akaahs (JCA) in the Supreme Court of Nigeria by filing A Brief Of Argument complaining that; 2.1.1 Paragraph 29 (iii), (iv), (v) and (viii) of the Amended Statement Of Claim are not statute barred. 2.1.2 Mobil Oil never deny continuous infringement of the patented invention of CCNL, RP 13522 2.2 Mobil Oil also appealed the verdict of Kumai Bayang Akaahs (JCA) in the Supreme Court of Nigeria by filing A Cross Appeal dated 20 th of March, 2012, claiming that; 2.2.1 Mobil Oil invented Anti-Corrosive Special Paint RP:13522, 2.2.2 The Payment of royalty to CCNL is contrary to public policy. 2.3 On 13 th of May, 2013, CCNL filed A Cross Respondent Reply Brief debunking the above unsubstantiated claims. 2.4 Being a company known for delay legal tactics , Mobil Oil filed A Cross Appellant Reply Brief on 25 th of April, 2014 but dated 20 th of April, 2014. 2.5 This Cross Appellant Reply Brief was filed by Mobil Oil very late for 218 days as against within 30 days required by the Supreme Court of Nigeria Rules. See Order 6, Rule 5 (3). 2.6 On 5 th of May, 2014, the Supreme Court of Nigeria dismissed the Brief of Argument filed by CCNL on an alleged notice of withdrawal presumed to have been written by Professor Tony Ukam (formal CCNL counsel) without the authority of CCNL. 2.7 On 11 th of August, 2014, CCNL filed a Restoration Application in the Supreme Court of Nigeria to resurrect the dismissed Appeal filed by CCNL. 2.8 On 9 th of June, 2014, Mobil Oil quickly filed another Cross Appellant Reply Brief dated 6 th of June, 2014, reflecting that CCNL has no appeal (Brief of Argument) because the said appeal was dismissed on 5 th of May, 2014. 2.9 The objective of this another Cross Appellant Reply Brief filed by Mobil Oil dated 6 th of June, 2014 is to technically and finally kill the brief of Argument filed by CCNL . 2.10 On 3 rd of November, 2014, the Honourable Justices of the Supreme Court of Nigeria resisted Eyimofe Atake (SAN) to withdraw the Cross Appellant Reply Brief dated 20 th of April, 2014. 2.11 Also, on 3 rd of November, 2014, the Honourable Justices of the Supreme Court of Nigeria resisted Eyimofe Atake (SAN) to move the Cross Appellant Reply Brief dated 6 th of June, 2014. Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) 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 3.0 Live Argument In The Court Room On 3 rd Of November, 2014 3.1 The conversation below exhibited live exchange of words between The Honourable Justices of the Supreme Court of Nigeria and Eyimofe Atake (SAN) with respect to Cross Appellant Reply Brief Filed on 21 st of April, 2014 and another Cross Appellant Reply Brief Filed On 9 th Of June, 2014. 3.2 Happy reading. Eyimofe Atake (SAN) addressed the Honourable Justices Of The Supreme Court of Nigeria as follows. My lords, the appeal is fixed for hearing today but subject to your lordships convenient. I move an application to regularize the position of my reply brief. There is a reply brief my lords. And I would like to withdraw an earlier application dated the 21st of April, 2014. That application has been overtaken by events of which part of it was to regularize a reply brief my lords. Justice Nwali Sylvester Ngwuta (JSC) asked a question from Eyimofe Atake (SAN) as follows. Are you abandoning it? Eyimofe Atake (SAN) replied Justice Nwali Sylvester Ngwuta (JSC) as follows. No, I am not abandoning it my lords. There are two motions before your lordships. Maybe I can elaborate my lords. At the last adjourned date Justice Bode Rhodes Vivour interrupted Eyimofe Atake (SAN) and asked a question as follows. When was it filed? Eyimofe Atake responded to Justice Bode Rhodes Vivour as follows The one I want to withdraw? Justice Bode Rhodes Vivour re-asked another question from Eyimofe Atake as follows The one you want to move. Eyimofe Atake responded to Justice Bode Rhodes Vivour as follows The one I want to move was filed on 9 th of June, 2014 and dated 6 th of June, 2014. Justice Nwali Sylvester Ngwuta (JSC) asked another question from Eyimofe Atake (SAN) as follows. This appeal was withdrawn. Has it been restored? Eyimofe Atake responded to Justice Nwali Sylvester Ngwuta (JSC) as follows No my lord. But we have a cross appeal. What happened at the last adjourned date was that the appeal itself was dismissed because it was withdrawn. But we, the respondent to that appeal, have a cross appeal and so that was fixed for hearing for today. Aiku Bamidele (SAN) Representing CCNL Addressed The Honourble Justices As Follows. My lords, with due respect to your lordships, May I come in at this time. I don’t like to come-in ordinarily. My Lords, may I crave your lordship indulgence and in the interest of justice to adumbrate on two pertinent issues which have arisen in this matter. ………….to be continued……… 4.0 Court’s Objection To The Oral Application To Withdraw Cross Appellant Reply Brief . 4.1 The Honourable Justices of the Supreme Court of Nigeria objected to the oral application made by Eyimofe Atake to either withdrawn or move any Cross Appellant Reply Brief because of the fact that a body corporate (Mobil Oil) is not competent to sue a dead party (The First Cross Respondent- Late King Professor CJA Uwemedimo) except there is a substitution of names. 4.2 The above principle of law was demonstrated by Honourable Justice OPUTA (JSC) in the case involving Management Enterprises Ltd. V. Otunsanya when the court said and I quote verbatim. “The common law view was that dead men are no longer legal personae as they laid down their legal personality with their lives at death. Thus being destitute of rights, duties or interests they can neither sue nor be sued. This common law view was expressed in the latin maxim - actio personalis moritur cum persona.” Per: Justice OPUTA (JSC) SUIT NO. SC 100/1985 Management Enterprises Ltd. V. Otunsanya 4.3 From the above authority, it is apparent that Mobil Oil (A Juristic Person) is not competent to institute a legal case (Cross Appeal) against a dead party (First Cross Respondent-Late Professor CJA Uwemedimo) except there is a substitution of name of the deceased. Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) 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. 5.0 Substitution Of A Name Of A Dead Party In A Litigation 5.1 There are unusual circumstances where parties to a legal suit die before the final determination of the case. 5.2 The death of a party (Plaintiff) in a legal suit does not affect the case before the court most especially where an application has been written to substitute the name of the deceased with the name of the appropriate family members so as to carry on with the case. 5.3 This position of law is supported by the pronouncements of Justice Ibrahim Kolapo Sulu- Gambari (JCA) in the case of Kareem V. Wema Bank Ltd when the court said and I quote verbatim. “When an action has been commenced and in the course of the proceedings the plaintiff dies, the death of such plaintiff would not affect the action so commenced before his death if the cause of action survived the plaintiff - see Order 11 Rule 25. If the cause of action survived the plaintiff, somebody must be appointed to carry on the action”. Per: Justice Ibrahim Kolapo Sulu-Gambari (JCA) Suit No: CA/I/58/90 6.0 Oral Application For Substitution Of Names Of King Professor CJA Uwemedimo 6.1 On 3 rd of November, 2014, The Leading Legal Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN), made An Oral Application before the Justices of the Apex Court of the Land to substitute the Name of King Professor CJA Uwemedimo in all the filed applications before the court so as to enable the case to continue. 6.2 The conversation below exhibited how The Leading Legal Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN) , made the oral application on the substitution of name of King Professor CJA Uwemedimo in all filed applications before the court. Happy reading. 6.3 “The second point that is pertinent is that the first appellant in the main appeal that was dismissed who is the first cross respondent in the cross appeal which my learned friend wishes to argue before your lordship this afternoon died on 18 th of July, this year. My lords, in that respect, it will be expedient in these circumstances to amend all the court`s processes before your lordship to reflect the substitution of the deceased, first appellant in the main appeal and the first cross respondent in the cross appeal” Per: Aiku Bamidele (SAN) Date: 03/11/2014 Position: The Leading Legal Counsel representing CCNL Suit No: SC/69/2011 7.0 Summary and Conclusion 7.1 Back to the question of Mr. Adesanya Adepoju. “I heard that Mobil Oil wanted to withdraw the case since baba is dead.” Per: Mr. Adesanya Adepoju A Patentee From Lagos State, Nigeria. 7.2 It is true that Eyimofe Atake (SAN) representing Mobil Producing Nigeria Unlimited made an oral application to withdraw the Cross Appellant Reply Brief dated 20 th of April, 2014, and simultaneously requested the permission of the court to move Another Cross Appellant Reply Brief dated 6 th of June, 2014. 7.4 This is an indication that Eyimofe Atake (SAN) representing Mobil Producing Nigeria Unlimited has been rendered confused by the legal team of Comandclem Nigeria Limited. 7.4 The Honourable Justices of the Supreme Court of Nigeria failed to grant the oral application because of the fact that Mobil Producing Nigeria Unlimited, being a juristic and artificial human being, cannot institute a legal suit against a dead natural human being , King Professor CJA Uwemedimo except there is a substitution of name of the deceased. Advertisement Investment in Comandclem Nigeria Limited Simplified Investment Procedures (1) Identify Your Investment planes (2) 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 7.5 The Honourable Justices of the Supreme Court of Nigeria granted the oral application made by The Leading Legal Counsel representing CCNL in the Supreme Court of Nigeria, Aiku Bamidele (SAN), to effect the substitution of the name of Late King Professor CJA Uwemedimo and adjourned the case to 19 th of January, 2015 to adjudicate on outstanding motions. 7.6 Outstanding motions are as follows (1) An Application To Substitute The Name Of The First Appellant & First Cross Respondent (Rev. (Dr) CJA Uwemedimo ) (2) An Application To Restore CCNL Appeal (3) An Application To Join Muideen Oyewo Adekunle As A Party To The Case. (4) An Application For Time Expansion To File Cross Appellant Reply Brief. 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: Tue, 25 Nov 2014 09:52:09 +0000
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