ABEOKUTA– Entertainment celebrity, Samuel Bankole, popularly known as ‘Arike Pre-Order’ has landed in a breach of contract mess, after being paid to perform at a concert.
Arike, who was billed to perform at a campus tour event at Oduduwa University – Ile Ife, was contacted through his manager, Samuel Kayode Makinde (The Manager, Glamourous Incorporation, Lekki, Lagos), but did not show up at the event.
In a notice by the organiser of the event, Mosaku Damilola, also known as Bobo Dee, through his solicitor, Habeeb Whyte ESQ, a copy sighted by our reporter, it demand the sum of twenty million naira as general damages.
The notice further reads, ” The above subject matter refers. We are the Solicitors of Mr. (also known as Bobo Dee) (herein referred to as ‘Our Client’) and on whose behalf and instructions we write you this NOTICE.
It is our brief:
“That you had contacted our client through Mr. Samuel Makinde for a campus tour event at Oduduwa University – Ile Ife, Nigeria. The agreement also features an after-party event at Club 0203 Ile Ife, Nigeria.
“The scheduled date of the event was the 8th day of May, 2024 but later shifted to the 10th day May, 2024 for ease of movement and planning at your request.
“The event was scheduled to commence at 7:00pm of the 10th May, 2024. Our client was contracted to make the event happen by setting up all machineries in motion. It includes finding a suitable venue in the school, securing the school management’s approval, providing suitable hotels for you and your team, procuring the service of Armed Policemen and Special Security Guards, Selling of Event Tickets, Publicity and securing of a suitable club for the after party.
“It is evident that our client met with all the job specification as contracted for. Infact, he made appropriate publicity for the event and it attracted the interest of a whole lot of students. Tickets were sold for the event and spaces secured. It later became unfortunate as your manager – Mr. Samuel Makinde on the 10th May, 2024 at about 11:18am sent in a message. The message is hereby produced below:
“We have to shift o bro…Coz banks has an endorsement deal to sign today plus my sickness…coz even if e no sign am today omo my body no fit allow me travel o we got to Lagos late yday plus police still care us go station it was hectic.’
“The above message was sent via whatsapp number +2348055638677to our client. We reserve our comment on the form of termination of contract by your manager but the substance is not what can be overlooked. It calls for serious action and it shows a breach of contractual agreement.
“Yes, we are aware thar there is no written contract between our client and yourself. However, from the conduct of partes thereto, there is meeting of mind on both sides upon matters that are cardinal to the species of the agreement in question and also upon matters that are part of the particular bargain herein.
” It is no doubt that there is an agreement and our client has undertaken for reward (consideration) to perform an act for you through your team and its terms as contemplated and admitted by the parties. An enforceable obligation has been created by law from the performance of parties in this instant.
“Furthermore, our client made it known that the event scheduled was cancelled at your instant on the day of the event. It came barely 6 hours to the commencement of the event. Our client had put his promoting skills, reputation, integrity and performance in ensuring the event holds as your management desires.
“It was cancelled with no regard for agreemènt on a simple contract of this nature. An agreement that involved an enormity of activities and setting up was reneged upon with no cause forameliorating the effects on other part performances of the agreement. It is on record that you had recorded a video announcing your coming to the event.
“This was promoted by our client and it attracted prospective attendees upon payments. It would interest you to note that the law does not require or insist that an agreement or contract should be in any particular form, or according to any particular formalities. It is sufficient that the contract is a simple contract.
“That the wrongful termination of the agreement you made with our client has caused him more harm than good. It has brought about the loss of integrity and good image before a whole lot of people.
“In fact, he has been giving zero regards at every social outing since the unfortunate termination of the event he laboured on. He has been able to refund the money made on tickets back to their owners.
“However, no refund had been made to him from other services he has secured on the hope of your arrival. He also sent in agreed fees to your manager on the 30th April, 2024 to the Palmpay account number: 8146498886 and the bearer’s name as Samuel Kayode Makinde.
“It is however unfortunate that our client made several attempts to get your manager to make a refund of money collected and make a public apology in a bid to save his business name and reputation.
“All his demand and efforts were futile. Infact, your manager dragged and bragged about not been concerned about the whole incident. He made a fun of any attempt to retrieve the money through legal means.
“Consequent on the above, our client hereby makes the following submissions and demands:
“That you with immediate effect and through your manager make a refund of the money deposited in the Palmpay account number:8146498886 with the account name as Samuel Kayode Makinde.
“That you make the refund of the expenses made by our client in securing his performance on the agreement with your team.The breakdown is shown below:
A. Disc Joykey and Sounds-N300,000.00K
B. Hype man and MC – N80,000.00K
C. Armed Policemen and Private Security Guard- N170, 000.00k
d.Decoration – N70,000.00K
e. Accommodation -N200,000.00k
f. Publicity-N200, 000.00k
g. Transportation- N50, 000.00k
h. Arike – N300, 000.00k
“The total sum of the above is N1, 170, 000.00K (One Million One Hundred and Seventy Thousand Naira).
“That you make a deposit of the sum of N20, 000, 000.00K (Twenty Million Naira) as Specific and General damages for the hardship you have caused our client.
“That your management team should cause upon a written NOTICE OF APOLOGY on our client and his followers through the undersigned within 7 (seven) days upon receipt of same for wrongful termination of contract and obtaining money under false pretence.
“TAKE NOTICE that if your clients fail, refuse and/or neglect to accede to our client’s demand appropriate legal action shall be taken against your clients as at when appropriate”.
Efforts to reach the Arike crooner’s management prooved abortive, as at the time of filing this report
