25/11/2014
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.
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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.
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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 cm 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: 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/
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