Businessman Sues Firm For N255m

A firm and its managing director have been dragged before the high court of the Federal Capital Territory over alleged breach of trust.

The firm, Strategic Energy Limited, its managing director and chief executive officer, Dayo Adesina, were sued by an Abuja-based businessman, Mr Christopher Akamairo, claiming N255 million against the company as damages for alleged breach of contract.

In the suit pending before the court, the claimant is equally seeking an order compelling the defendants to pay him the sum of N15,418, 689 being the balance due to him on the contract but still outstanding and unpaid by the defendants.

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 amounts to breach of contract by the defendants.

In his statement of claim, Christopher Akamairo, 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 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 as 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.

He said 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 N45 million and remitted the money to the 1st defendant through the 2nd defendant’s operations bank account 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 weighbridge 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 a further sum of N3,115,589. 75, meant for clearance and port charges.

Accordingly, he remitted the same by transferring from his account to the defendant’s designated account, and he was given a bill of lading 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 lading which the 1st defendant sent to him as evidence of tank delivery was a fluke and meant for another company.