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1907 saw the debut of the Mobil Company wandering in Nigeria, North, West and East in Search of Oil in Nigeria and appeared in Eket emerging the reign of Late Military Governor J.U. Esuene of the South Eastern State in the late sixties. According to Mobil millennium and Exxon merger magazine report, 1980 became the most remarkable year in the history of Mobil and oil exploration in Nigeria and the world. The history goes thus:

CRUDE OIL EXPLORATION IN NIGERIA

The salty water which was yearly overflowing it banks, proved unfavorable to the soil, seed and plant. It was constantly enlarging itself into the dry land washing away the arable lands. Due to the concentration of salt in water, buildings, constructed steel tanks, storage facilities, light and heavy machinery, vehicles, steel boot, cars, Airplanes etc. were all turn into eye sore all rusting away into baskets within few months.

Under the above situation, Mobil Producing Nigeria Unlimited was in great distress and confusion, as their equipments and pipes were corroding and the oil drilled spilled out causing pollution in the area. On hearing of the above, on the second day of May 1980. King Prof. Clement J.A. Uwemedimoh, The Chairman and Founder of Comandclem Nigeria Limited, addressed a letter to Mobil Producing Nigeria Unlimited requesting for an interview with their management.

SUBJECT MATTER FOR DISCUSSION

• The subject matters during the interview were:
• To discuss the possible solution to high rate corrosion menace,
• To research, recommend. Check and invent chemicals to preserve wooden menace in the overall Mobil establishment.
• To investigate cause, disinfect insects, to enable a bearable environment for an effective take off and operation of the oil company.
• Suggestion for a research team for the invention of marine paint and chemical to suit the need.

INTERVIEW

An immediate interview was arranged and held on the 8th May 1980, Mobil which was in desperate condition, accepted Comandclem Nigeria Limited to oversee the above, Mobil Producing Nigeria Unlimited on their own part promised to pay to Comandclem Nigeria Limited Royalty of $2 (USD) per barrel, per product produced IF THEY SUCCEED IN THEIR PROPOSAL.

EXECUTION

Comandclem Nigeria Limited accepted and executed the project by bringing foreign and indigenous scientist, who went into the depth of the Atlantic Ocean, 50 nautical miles from Ibeno. The whole exercise was born and financed by Comandclem Nigeria Limited. It was by a letter of 2nd May 1980 and an interview of 8th May 1980 which the inventor King Prof. Clement J.A. Uwemedimoh voluntarily initiated and upon the agreement, he researched with sole responsibility assisted by both expatriates and indigenous scientist, established a formula which was handed over to the International Paint for West Africa (IPWA), Ikeja to manufacture the product.

The first success was recorded on 16th May 1980 and delivered to Mobil Producing Nigeria Unlimited who is still using it today. But Mobil on their part have failed to honor and pay the 2 dollars (2$) per barrel of crude oil promised up to date. It is pathetic enough to note that Mobil used and gave the product and the invention to other oil companies for use, imitates, infringes at all points without the authority and permission of the inventor and even bluffed the inventor.

This was provocative enough; Mobil Producing Nigeria has been collecting royalties from every other oil companies since 1980 without anything paid to the inventor because he is a black man from a minority tribe in Nigeria. Mobil producing Nigeria Unlimited stole the secret formula of the Anti- Corrosive Special Paint for QIT and took it to United States of America from where it was contracted to a company in Holland by their managers Mr. G.W. Walker and Mr. Harry F. Hawkins and they began to mass produce the paint from there. A product that was made and patented in Nigeria is now imitated and exported back to Nigeria and other countries of the world thus denying our nation its foreign earnings Mobil contributed nothing towards the invention of this chemical paint.

An inventor letters patent NO: RP.13522 was issued on 5th August 1999 by the Federal Government of Nigeria to Dr. Clement J.A. Uwemedimoh, after being satisfied that an invention has taken place. For a long time now we have been deprived of having and enjoying the sole right, sole privilege, exercise the full power and the use of full benefits accruing from our invention as empowered by the license There has been systematic infringement of the letter PATENT, and others are enjoying and making use of our invention in their businesses while we the TRUE OWNERS of the wealth are kept in perpetual neglect, isolation, toiling and suffering day and night, without good food, houses, road, medical care, market, jobs and other sources of income which could have enable us educate our children. This is the only enabling chemical that makes oil exploration from the sea possible throughout the whole world.

Mobil Producing Unlimited decided to breach the agreement, after collecting samples which were found to be very effective. There were series of correspondences from 1980 to 1998 which they failed to acknowledge. In year 2000 a case of infringement on intellectual property was established against Mobil Producing Nigeria Unlimited.

It must be noted that the claims was made effective from the date 5th August 1999 when the certificate was issued, with all legal right of statutory inventor. It is pertinence to note that the delay over the inventors right is a trick by Mobil in collaboration with unpatriotic Nigerians especially the politicians and some wicked judiciary officers to increase the suffering of the inventor, the patentee and the entire less privilege Nigerians. This is against intellectual property right and is a violation of human right, International Magnagata and Geneva Convention.

From the African panorama, the attitude of Mobil Producing Nigeria Unlimited is a slap on the face of Nigerians and indeed the African Continent as if no African ever went to school; it amounts to intimidation of the Nigerian economy. It is a deliberate insinuation of further spread of conflict in the Niger Delta. It is a mid day robbery and rape of both the intellectual and material resources of Nigeria and Africans as a whole. This is the highest level of crime against Nigerians and the generation yet unborn. The future of this nation is not in the hand of Mobil Producing Nigeria Unlimited. We should stop treating them like gods or savior when in actual fact Mobil Producing Unlimited is stealing billions from our country on daily basis, through inflation of contracts to their fellow country men, employment of our citizens as contract staff, non declaration of the actual amount of crude oil, condensate, gas and liquefied natural gas produced daily. Non payment of compensation for oil spills and other environmental pollution to our communities. The unnecessary inflated cost of production place on our own country is a more civilized way of siphoning our resources, these must not continue any longer.

This attitude of Mobil Producing Nigeria Unlimited and their reprobate associates has aggravated to an affront of the Nigeria judiciary, World Agency for Intellectual property and its patrons. But Mobil Producing Nigeria Unlimited has boasted that they will bribe any person both in Government and in the judiciary to turn white to black. This they have demonstrated in the judgement of Suit No:FHC/UY/CS/47/2003 on 28th November, 2008 at the Federal High Court Uyo in Akwa Ibom State.

The judge who unfortunately did not know the difference between patent medicine Store and a Patent right certificate sold out to the foreigners. She was completely blinded to the truth and the facts of this case due to various kinds of gratification. Mobil Producing Nigeria Unlimited has no single document to show or tender in this matter, but the judge said; all the evidences and documents tendered by Comandclem Nigeria Limited had no weight including the Patent Certificate.

The Inventor had been approached many times to sell this patent right by other countries but he said; he has vowed never to sell it. He has given this invention to Nigeria. Let Nigerians be aware and give the necessary support needed for total victory either directly or indirectly.

THE JOURNEY SO FAR THROUGH COURT PROCESS

SUIT NO. FHC/CA/CS/22/2000 Federal High Court - Calabar

SUIT NO. FHC/UY/CS/47/2003 Court – Uyo

Appeal No. CA/C/6m/2003 Court of Appeal – Calabar

SC.198/2005 Supreme Court of Nigeria – Abuja

CA/C/15/2009 Court of Appeal Calabar

The Inventor took Mobil Producing Nigeria Unlimited to court in year 2000 to claim his royalties, but before the determination of the case Mobil went to the Federal Court of Appeal Calabar to place an injunction claiming that:

1. The case was status barred, and cannot be entertained at that court.

2. That Comandclem Nigeria Limited was not entitled to the grant of letters Patent.

The case was at the Court of Appeal for Five years finally it was unanimously judged by the three judges of the appeal court that Mobil’s appeal has no merit and should be dismissed consequently it was dismissed. Mobil being dissatisfied with the judgment of the Appeal Court went to the Supreme Court of Nigeria to appeal against the judgment of the Court of Appeal Calabar. The Supreme Court upheld the judgment of the appeal Court on 30th May 2006, Mobil’s application was refused and their motion was dismissed.
Comandclem Nig Ltd was expecting their royalties to be declared unfortunately the judge said (1) The suit was against public policy (2) It was perincurium(3) Status barred (4) It offended NNPC act (5) The amount claimed is outrageous (6) The invention does not belong to Comandclem Nigeria Ltd; again Comandclem moved to Appeal court Calabar where the whole decision of the Federal High Court Uyo, was overruled except the issue of damages/royalties. The main license was given back to Comandclem in a judgement delivered by Kumai Bayang Akaahs, JCA on 8th December,2009……I wish to say straightaway that having applied for the patent and the patent Certificate No RP 13522 was issued (Exh.2)

Comandclem Nigeria Limited became the registered Patentee in the invention called ANTI-CORROSIVE SPECIAL PAINT for Q.I.T (Transteel Blue, White Enamel Q.A.D.) with effect from5/8/99. The right to the patent in the invention will be vested in the respondents if there is a contract to that effect. Since the appellants alleged there was a verbal contract but this was denied by the respondents, the right to the patent in the invention will still reside in the appellants who are the statutory inventor. Any infringement by the respondents or any other person will be actionable at the instance of the appellants starting from 5/8/99.

Mobil has employed different method of delay tactic to prolong this case unnecessarily for eleven years now. There is no country of the world where Mobil can try what they are doing in Nigeria It’s high time our leaders and government call Mobil to order. Let the judges stop selling out our Nation for their selfish interest. Let our own patent be a blessing to us as it is in other nations of the world. Let every Nigerian rise up to the defense of this license so that youth can gain employment, factories and industries, can work once again, new towns may be established without borrowing money from other countries. Nigeria must occupy its rightful place where it can be reckoned with in the world economy and development.

As Comandclem Nigeria Limited drags Mobil to Supreme Court to enforce payment of royalties/damages, we solicit the support of every Nigerian for speedy proceedings and for the rule of law to be maintained. The oppression must not continue forever . Justice delayed is justice denied. The conscience of the world is therefore called upon to decide on this issue.

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