Osogbo: A legal practitioner, Olumuyiwa Akinboro, SAN has threatened to drag Ace musician, Abolore, popularly known as 9ice, to court if the music star fails to refund a sum of N1.69 Million he reportedly collected from him.
It was gathered that 9ice was paid a total amount of N1.5 million to entertain guests at the wedding ceremony of the daughter of the SAN which took place at Osogbo, the Osun State capital, earlier in the year. He, however, reportedly failed to show up at the event.
The SAN had also made accommodation provision for the musician and others in his entourage at an hotel in the city, based on the demand of his company. This cost for this was N169, 000.
Following the failure of the musician to grace the event, Akinboro, through his lawyer, has written to 9ice company.
According to the letter, he demanded a refund of the money within 7 days after which he threatened to take a legal action.
The letter reads:
We are Solicitors to Aare Olumuyiwa Akinboro, SAN, who is hereinafter referred to as “our client” and on his behalf and unequivocal instructions we write you this demand Notice.
It is the firm instructions of our client that on the 11th of October, 2021; he contacted your company requesting for your performance as the Entertainer at his first son’s wedding ceremony held on the 17th day of December, 2021 at Osogbo, Osun State. This was done with the aim of making the gracious occasion glamorous and memorable for his son.
Having the above in mind, our client sealed the contract with the management of your company consequent upon which one of your managers, Mr. Badmus Salman issued an invoice on behalf of your company, in the sum of N1, 500, 000.00 (One Million Five Hundred Thousand Naira Only) to be paid as the contract sum. It is noteworthy that sequel to the instructions of the management of your company and having agreed to the terms of the contract, our client made the deposit of the sum of N1, 000, 000.00 (One Million Naira Only) into the account of one Isaac Gbenga Adeyinka. Subsequently, your booking manager, who had been interfacing with our client in respect of the contract under reference, acknowledged the receipt of the said sum and further communications proceeded on same. Please find attached the receipt of the sum of N1, 000, 000.00 (One Million Naira Only) made on the 11th day of October, 2021 as Annexure “A”
Having done the above, our client was rest assured that he had secured a remarkable entertainment for his son’s wedding ceremony without any fear of regret; this made him to immediately proceed with other planning geared towards ensuring the ceremony goes well without any blotches.
Astoundingly, on the 7th day of November, 2021, your company’s booking manager also made additional demands from our client, requesting for the reservation of 3 Hotel rooms; a suite for yourself, being the leader of the crew and 2 other rooms for the members of your crew. Our client complied with the said demand and a suite at the rate of N100, 000.00 (One Hundred Thousand Naira) per night and two other rooms at the rate of N45, 000.00 (Forty-Five Thousand Naira) each were reserved and secured at LIAM HOTELS, OSOGBO as instructed; even though your company never stated this as part of the terms of the contract sealed with our client.
As if the above was not enough, on the 16th day of December, 2021, your company’s booking manager demanded for the immediate payment of the balance of the sum of N500, 000.00 (Five Hundred Thousand Naira) before your crew would proceed with journey to the event of the 17th day of December, 2021. It is noteworthy that the said sum of N500, 000.00 (Five Hundred Thousand Naira) was paid into your Zenith Bank Plc. Account Number: 2085504813, supplied by the management of the company and the receipt of same was confirmed by your booking manager. Please find attached as Annexure ‘B’ the receipt of the payment to ABOLORE ADEGBOLA AKANDE’s Zenith Bank Plc. Account made on the 16th day of December, 2021.
By the above, our client fulfilled his part of the contract by all standards and had even gone overboard to make hotel reservations expecting your arrival even though same was not part of the initial terms of the contract agreed upon by the parties.
Meanwhile, your company gave all assurances to our client that the contract would be executed as agreed and that our client would have no course to regret. Hence it would be a happy business.
It is however, flabbergasting that contrary to the agreement of parties, you and your crew did not show up for the wedding ceremony as agreed. Our client kept calling your company Telephone lines on the said 17th day of December, 2021 especially that of the booking manager, from morning till late in the night when all our client’s guests had no option but to leave having waited frustratingly to no avail.
We note with great concern that the said occasion was graced by the “who is who” in the Nigerian polity. The Chairman of the occasion was the current Governor of Sokoto State, Honourable Aminu Tambuwal. He attended in company of some former and present Governors, Senators and Honourables of the Federal Republic of Nigeria. The event was also graced by Senior Advocates of Nigeria, Justices of the Supreme Court, Court of Appeal and High Court of States in Nigeria and so many First Class Traditional Rulers and Chiefs.
It is quite inauspicious that our client’s guests, friends and families who had graced the occasion with the expectation of being entertained by you and your crew as being hitherto informed by our client, left with the greatest disappointment of their lives. Hence, the showbiz and entertainment plan made by our client for his first son on his August Occasion became haphazard and a day of joy was more or less turned tangy by the unexpected disenchantment of your company.
There is no gainsaying that the above act of your company amount to an inane breach of contract in accordance with the extant laws of the Federal Republic of Nigeria. The law is that when a party to the contract without lawful excuse fails, neglects or refuses to perform an obligation he undertook in the contract or incapacitates himself from performing same or in a way back down from carrying out a material term in the contract, such a party is said to be in the breach of the contract. In BEST (NIG) LTD V. BLACKWOOD HODGE NIG LTD & ANOR (2011) LPELR-776(SC) the Supreme Court held that:
“There is no gain-saying the point that a breach of contract is committed when a party to the contract without lawful excuse fails, neglects or refuses to perform an obligation he undertook in the contract or incapacitates himself from performing same or in a way back down from carrying out a material term. See: Adeoti & Anr. v. Ayorinde & Anr (2001) 6 NWLR (Pt.709) 336.”
Per JOHN AFOLABI FABIYI, J.S.C. (Pp. 22-23, paras. G-A )
In view of the foregoing our client is vide the instant letter expressing his disappointment in your company for the abrupt breach of contract and he is exercising his legitimate demand for the contract sum, expenses and damages for the breach without any lawful justification in accordance with the extant position of the Laws of the Federal Republic of Nigeria on contract.
It is in view of the foregoing that we hereby demand for the REFUND of the sum of N1, 690, 000.00 (One Million, Six Hundred and Ninety Thousand Naira only) being the contract sum and hotel reservation expenses made by our client and payment of DAMAGES of the sum of N500, 000, 000.00 (Five Hundred Million Naira) for BREACH OF CONTRACT.
PLEASE TAKE NOTICE that we have the instructions of our client to pursue a legitimate demand for the afore highlighted sum and damages in the appropriate court of law in Nigeria for the breach of fundamental terms of contract, disappointment, distress, reckless abandonment, psychological trauma, loss of trust of friends and family members and other unquantifiable damages, if the demand of our client is not met within 7 days of the receipt of this letter.
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