Nigerian musician Duncan Mighty has been slammed with N10 million lawsuit after he failed to perform at a billed event.
Nse Essien, the show promoter who paid the singer N3 million to perform guest artiste at the opening of Resort Carabana in Uyo, Akwa Ibom state, alleged that Duncan Mighty’s disappointment resorted into a lot of mental distress, financial loss, negative business rating and reputational damage.
Reaching out to the singer through Lawyer Inibehe Effiong (Esq), Essien requested for a refund of the money paid to Duncan Mighty, damages and asked the musician to tender an unreserved public apology for the breach of contract.
According to Punch, the letter sent to Duncan Mighty, January, 7, 2022, read in part; “You entered into a contract with our client, under which you accepted our client’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.
“By 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.
“Our 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.
“Being 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.
“To 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.
“Our 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.
“You 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.
“It 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;
“Publish 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;
“Pay 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.”
Duncan Mighty was asked to meet the demands within 48 hours of receiving the letter.