Duncan Mighty Fined N10 Million For Failing To Attend Show At Akwa Ibom

Duncan Wene Mighty Okechukwu, commonly known as Duncan Mighty, a prominent Nigerian artist, has been fined N10 million for allegedly breaching a contractual duty to perform live at Resorts Carabana’s grand opening festival in Uyo, Akwa Ibom State, according to a Daily Post article.

Duncan Mighty was claimed to have received N3 million from the resort’s promoter, Mr. Nse Essien, as a payment to play as the guest artist at the grand opening, but he did not show up.

According to Mr. Essien’s lawyer, Inibehe Effiong (Esq), the breach of contract has caused the organizers a lot of mental distress, financial loss, negative business rating, and reputational damage as a result of widespread publicity of his (Duncan Mighty) presence at the event.

In addition to damages, the lawyer wanted a refund of the N3 million and an unequivocal public apology, which must be recorded and posted on his Instagram profile.

The letter to the artist partly reads: “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 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-publicized 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 publicized your invitation to the event and spent considerable amount of money in furtherance of 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 fulfill the purpose for which the money was paid by our client to you.

“Publish a video on your Instagram page apologizing 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 loses occasioned to our client on account of your failure to perform at the event.”

The letter ended with a threat that if he did not comply with the demands within 48 hours of receiving the form, legal action would be taken against him.

When contacted, David Sergeant (Utang Akwa Ibom), Special Assistant to Governor Udom Emmanuel on Entertainment, stated that it would be wise to go to court as a breach of contract is against the law.

He said, “the ideal thing is to take the person to court, that is a breach of contract and it’s against the law. Alternatively, if the person explains to the promoters the reason he or she could not come and refund the money, then the lawsuit may not be necessary.”