Breach of Contract: Davido Files Preliminary Objection to Challenge Amaju Pinnick’s Suit

*Ex NFF president under pressure to file fraud, cyber-bullying suits against artiste in US

Wale Igbintade

A Nigerian-American superstar singer, David Adedeji Adeleke, popularly known as Davido, has filed a preliminary objection to challenge the N2.3 billion breach of contract suit instituted against him and his music label, Davido Music Worldwide Limited, by Brownhill Investments Company Limited and its Chairman, Mr. Amaju Pinnick.

Pinnick, a former President of the Nigerian Football Federation (NFF), had instituted the N2.3billion suit before the High Court of Delta State, Effurun, against Davido for an alleged breach of agreement/contract.
Specifically, the claimants are asking the court to award the amount as general damages against Davido, following his refusal to honour the agreement and contract reached with him to perform at the 19th edition of the “Warri Again” event on October 6, 2023 for which he failed to appear after collecting the sum of US$94,500 (an equivalent of N70million).

They stated that they also incurred additional expenses of $18,000 to secure the private jet chartered to convey the Davido (1st defendant) and his team, yet he refused to show up for the show.

At the resumed hearing of the suit, Davido, as a plot to delay case, had challenged the jurisdiction of the court to entertain the matter.
In his preliminary objection, the artiste premised his response on the grounds that the case is a debt recovery matter and that the claimant ought to have written a letter of demand first before rushing to court.

He further claimed that Sosoberokon is not his agent and does not negotiate performance contracts on his behalf.
While the singer claimed that he was not paid for the show and that Soso was not his agent, he however admitted receiving the payment of $94,500 but stated that the sum was payment for only promotion of the show.

In the sister case bordering on criminal defamation, Davido through his team of lawyers led by Mr. Norrison Quakers (SAN) Senior Advocates of Nigeria, also filed a preliminary objection challenging the jurisdiction of the court on the grounds that the defamatory statements were published online but the claimant did not show that the defamatory statements were downloaded and viewed in Delta State to give the court jurisdiction.

Both matters have been adjourned to December 14, 2023 for the court to rule on the preliminary objections filed in both cases.
Also, in the N500million defamation case filed against Israel, Davido’s Staff, no defence was filed on behalf of Israel and the court has already granted the application for injunction restraining Israel from making any defamatory statements against Pinnick.
Meanwhile, Pinnick’s legal team is led by Mr. Kelechi Onwu, a senior partner in Alegeh & Co., the law firm of the former President of the Nigerian Bar Association (NBA), Mr. Austine Alegeh (SAN).

However, strong indications have emerged that Davido has enlisted many Nigerians to help prevail on Pinnick to withdraw the suit.
THISDAY gathered that the many Nigerians including three eminent personalities are already in talks with Pinnick to see how both parties settle for an out-of-court settlement.

It was gathered that Pinnick is insisting on going ahead with the suit due to the attempt by Davido to tarnish his hard-earned reputation despite the unblemished and transparent career he had both as former President of NFF and current role with FIFA, which requires integrity and honesty.

THISDAY further gathered that since Davido is also an American, pressures have intensified by Pinnick’s friends, associates and international partners for him to file a suit in the United States against Davido and his associates for alleged fraud and cyber-bullying.
They referred to the current travails of P-Diddy who already facing multiple investigations, accusations and suits bordering on sexual abuse and rape and R-Kelly who is currently serving a prolonged term of imprisonment for similar offences.
They opined that since Davido does not want to curtail his excesses and penchant for crimes, he could pay for his sins in the US where the justice system is transparent and credible.