The promoter of Resort Carabana in Uyo, Akwa Ibom State, Nse Essien, has slammed a N10m suit against popular Nigerian musician, Duncan Wene Mighty Okechukwu, also known as Ducan Mighty, over alleged breach of contractual agreement.
The musician was alleged to have collected the sum of N3m from the promoter to perform as a guest artiste during the grand opening of the resort in Uyo, but failed to show up at the event.
A letter dated January, 7, 2022 and addressed to Duncan Mighty by Essienâ€™s Lawyer, Inibehe Effiong, (Esq), revealed that the breach of contract has caused a lot of mental distress, financial loss, negative business rating and reputational damage to the organisers after wide publicity of his (Duncan Mighty) presence at the occasion.
The lawyer, in addition to the payment for damages, also demanded the refund of the sum of N3, 000,000 already paid and an unreserved public apology which
must be published as a video on his Instagram page.
The letter obtained by our correspondent read in part, â€œYou entered into a contract with our client, under which you accepted our clientâ€™s offer to perform as a guest artist at the grand opening festival of Resorts Carabana held in Uyo on the 2nd day of January, 2022.
â€œBy the mutually agreed terms of the contract, the consideration for your appearance and musical performance at the event was N2,500,000.00 (Two Million Five Hundred Thousand Naira) in addition to the sum of N500,000.00 (Five Hundred Thousand Naira) for business class air tickets since you insisted on traveling by air to Uyo with two members of your crew.
â€œOur client dutifully fulfilled his obligations under the contract by paying the sum of N3,000,000.00 (Three Million Naira) in two tranches of N2,000,000.00 (Two Million Naira) and N1,000,000.00 (One Million Naira) respectively being the cumulative amount accruable to you for your live performance and flight/travel expenses.
â€œBeing a public event, our client embarked on rigorous publicity and spent a significant amount of money on advertorials announcing to the whole world that you, Duncan Mighty, will be performing live at the said event.
â€œTo the utter consternation and indescribable embarrassment of our client, you failed or refused to attend the well-publicised event. As a direct result of your absence at the event, our client has suffered emotional distress, psychological trauma, financial losses, reputational damage, negative business rating, and public odium.
â€œOur client has further briefed us that neither you, nor any member of your team, deemed it pertinent to reach out to our client after defaulting on your contractual obligation.
â€œYou treated our client with contempt, not minding that our client had publicised your invitation to the event and spent a considerable amount of money in furtherance of the same.
â€œIt is the light of the foregoing that we demand the following from you:
refund of the sum of N3,000,000.00 (Three Million Naira) paid into your account by our client which you have not earned, having failed to fulfil the purpose for which the money was paid by our client to you;
â€œPublish a video on your Instagram page apologising unreservedly to our client, his guests and members of the public who came to the event in expectation of your attendance and live performance;
â€œPay the sum of N10,000,000.00 (Ten Million Naira) to our client as damages for the breach of your contractual obligation, the resultant embarrassment, mental distress, reputational damage and financial loss occasioned to our client on account of your failure to perform at the event.â€
The letter concluded with a warning that failure to meet the demands within 48 hours of the receipt of the form would take legal measures against him.
Meanwhile, when contacted, the Special Assistant to Governor Udom Emmanuel on Entertainment, David Sergeant (Utang Akwa Ibom), said the promoters of the event can always seek redress in the court of law.
He said, â€œThe ideal thing is to take the person to court, that is a breach of contract and itâ€™s against the law. Alternatively, if the person explains to the promoters the reason he or she could not come and refund the money, then the lawsuit may not be necessary.â€
However, all efforts to get the musicianâ€™s reactions to the allegations were not successful as at press time as he could not pick his calls and did not also respond to text messages sent to his phone.