Mr Christopher Akamairo, an Abuja-based businessman, has filed a N255m lawsuit against the Managing Director and Chief Executive Officer of Strategic Energy Limited, Dayo Adesina, and the company as damages for alleged breach of contract.
The claimant is also seeking an order ordering the defendants to pay him the sum of N15,418, 689, which is the balance due to him on the contract but is still outstanding and unpaid by the defendants, in the matter proceeding before the Federal Capital Territory (FCT), Abuja.
In the suit marked FCT/CV/7723/2023 and dated September 28, the claimant through his counsel, Ayodele Liman is urging the court to declare that the failure and/or refusal of the defendants to complete an installation of his LPG gas refill plant within a reasonable time frame of six and 12 months, after receiving the total sum of N87, 418, 689.00 amounts to breach of contract by the defendants.
In his statement of claim, Adesina averred that sometime before 2016, he had a few thoughts about his life after retirement and felt the necessity to set up a gas refill plant as a means to secure his financial future and sustenance.
He told the court that he was introduced to Adesina (1st defendant) as someone with the necessary and requisite experience in gas refill plant construction installation and operation.
Upon discussion with the 1st defendant, they entered into an informal agreement for the construction and installation of an LPG refill plant in Uyo, Akwa-Ibom State.
He further claimed that in pursuance of the agreement, Adesina submitted a quotation on the letterhead of his company, Strategic Energy Limited(2nd defendant) based on the outcome of the agreement and the total contract sum aa enumerated in the quotation was N88,236,757.12.
Flowing from the above, the claimant said he purchased a piece of land measuring about 1,978 square meters in Uyo, Akwa-Ibom state for the project and sourced and obtained a loan from a commercial bank to kick-start the project.
It was the understanding of the parties that the project would be completed within a reasonable time within six to 12 months from the receipt of the first payment by the defendants.
He obtained a loan in the sum of N45m from Access Bank and remitted the money to the 1st defendant through the 2nd defendant’s Access Bank operations bank account(No 0704800489) supplied to him by the 1st defendant for that purpose.
On further request, he made another disbursement in the sum of N39 million on March 10, 2016, for the same purpose bringing it to a total sum of N84 million.
Despite the huge payments made, the defendants did not procure or mobilise any material to the site of the project to commence the same safe for a weigh-bridge delivered.
He equally stated that sometime in 2019, the 1st defendant informed him that he had imported an LPG tank from abroad which was meant for delivery in Lagos in March 2019, and demanded for further sum of N3,115,589. 75, meant for clearance and port charges.
Accordingly, he remitted the same by transferring from his Zenith Bank Plc account to the defendant’s designated account, and he was given a bill of landing and tracking number to track the tank’s movement to the delivery point and date.
After the receipt of the N3, 115, 589.75 by the defendants, there was no further communication from the 1st defendant on the matter, despite repeated phone calls, text messages, WhatsApp messages, and emails.
Akamairo said he discovered to his chagrin that the bill of landing which the 1st defendant sent to him as evidence of tank delivery was a fluke and meant for another company, United Africa Company of Nigeria, which further spoke to the dubiousness and dishonesty of the 1st defendant.
After the defendants failed to deliver the project, the claimant said he demanded a refund of his money in the sum of N87,115,589.75 which they refused to pay.
It took the intervention of the Economic and Financial Crimes Commission(EFCC) to recover the sum of N44 million from the defendants, leaving a balance of N43 million still outstanding.
He further stated that the defendant was able to supply to his site in Uyo, Akwa-Ibom state, a BMG tank worth N27,696.900, which brings the total sum recovered to N71,696,900 and leaves an outstanding sum of N15,418,689.
He engaged a financial expert to carry out an analysis and compute the losses caused him as a result of the defendant’s withholding of the funds received for the projects and the said expert put the total losses to N309, 739, 152.79.
The claimant told the court that the failure and wilful refusal of the defendants to complete the project or pay him the outstanding portion of his investment has deprived him of his intention to secure his financial future and sustenance.
And that the above act of the defendant has caused him economic financial losses sustenance, and health issues.