Breach Of Contract: Ex-Eagles Captain, Yobo, Secures Order Against Turkish Firm, Others

JOSEPH YOBO

A High Court in Abuja has made an interim order restraining the Nigerian Navy and the Chief of Naval Staff from further paying into the accounts of a Turkish company, Dearsan Corporations, its Directors, Aziz Yildirim and Murat Gordi any monies and funds consequent upon any form of contractual obligation except 10 per cent of such payment is made into the Escrow Account nominated by the Chief Registrar of the court, pending the hearing and determination of a suit filed by a former captain of Nigeria’s Super Eagles, Joseph Yobo.

Justice Hamza Muazu made the order while ruling on the application brought by the former Eagles’ Captain in suit number No: FCT/HC/CV/7452/2023 and Motion No: FCT/HC/M/13044/2023 filed against Dearsan Corporations, its Directors, Aziz Yildirim and Murat Gordi and the Nigerian Navy over a case of breach of contract.

In the said suit, the former captain of Nigeria’s Super Eagles and international businessman is claiming his entitlement to commission due to him for introducing Dearsan Corporation into the Nigerian market and facilitating business relations with the Nigerian Navy, as a result of which the Turkish Company has been awarded multi-billion Naira contracts.

Disputes had arisen following Dearsan’s alleged failure to pay Yobo his fair and reasonable remuneration for his role in introducing and facilitating their entry and eventual business success with the Nigerian Navy. 

Dearsan had in correspondence with the Nigerian Navy introduced and held out Yobo, as their representative in Nigeria following his role as the agent that introduced them to the Nigerian entity. 

The Claimant, (Joseph Yobo) had through his team of lawyers led by Chief Bolaji Ayorinde, SAN, approached the court seeking a declaration that having successfully introduced the 1st to 3rd Defendants to the Nigerian market and facilitated business relations leading to the Contractual Agreement on or about the 6th of June 2023, he is entitled to not less than 10 per cent of any amount received and/or to be received for dealings with the Nigerian Navy and/or any Nigerian entity. 

He also sought an order compelling the Defendants to produce before the Court a “statement on oath” deposing to all amounts paid by the 4th and 5th Defendants and recovered by the 1st, 2nd and 3rd Defendants in respect to any Contractual Transaction between the 1st, 2nd and 3rd Defendants and the 4th and 5th Defendants before, on or after the 6th day of June 2023 within seven days. 

The Claimant also prayed to the court for an Order of Perpetual Injunction restraining the 4th and 5th Defendants from paying to and/or further paying to the 1st to 3rd Defendants any monies and funds consequent upon any form of contractual obligation, except 10 per cent of such payment is made directly to the Claimants by the 4th and 5th Defendants.

Consequent upon the order of the court, the Chief Registrar of the High Court of the Federal Capital Territory had by a letter dated 14th November 2023 nominated an interest-yielding account for the deposit of the 10 per cent while requesting that his office be furnished with evidence of any deposit into the escrow account for record purposes. 

It has also been confirmed that all the court processes in the Suit, the order of the court and the letter of the Chief Registrar nominating the interest-yielding account have all been duly served and brought to the attention of the Nigerian Navy and the Chief of Naval Staff with relevant proof of service.

However, despite the existing order of the court and service on them, the Nigerian Navy and Chief of Naval Staff is yet to confirm whether they have complied with the order of the court and no payment of the deducted 10 per cent has been remitted to the escrow account in obedience to the order of the court.

With this obvious disobedience or non-compliance with court order, the case may take another twist, leading to contempt charges against the Chief of Naval Staff. 

The case is also eroding the corporate image and damaging the business standing of Dearsan in Nigeria and may lead to the loss of future contracts given its failure to honour basic contractual undertaking which is key in all commercial agreements.

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