By Ayo Jones
An Ikeja High Court is billed to deliberate on a case of a breach of solicitor-client relationship in which a Lagos-based lawyer, Mr. Ayodeji Acquah is suing a businessman and current Commissioner for Agriculture and Food Security in Ekiti state, Mr. Olabode Adetoyi over the latter’s refusal to pay his professional fees .
Mr. Acquah is demanding the sum of N54,826,169.06 ( fifty four million, eight hundred and twenty six thousand, one hundred and sixty nine naira, six kobo), being professional fees in the bill of charges dated May 26, 2021 which Mr. Adetoyi has refused to pay.
In a 101-page court process, Mr. Acquah through his counsel, Mr. Nathaniel Olagunju, is demanding the sum of N54,826,169.06 in addition to legal costs of N5m and interest of 21 per cent per annum on the sum from May 26 2021 till settlement .
Specifically, Mr. Acquah stated in the court process that the professional services which Mr. Olabode Adetoyi initially agreed to pay for include:
*a preparation and contract for the purchase of a 5-bedroom house @Plot 646c, Oluwatoyin Eleoromo street, Omole Phase 2.
*A deed of assignment for the said property
*participation in meetings and offering legal opinions on restructuring of a loan facility for the purchase of the same landed property.
* Consultation and legal opinion relating to the merger and acquisition of 65% shareholding of Hi-Nutrients International Limited by Neovia Invivo SA of France .
*Consultation and Legal opinion on the issue of Mr. Henry Odiachi and its resolution including preparation of a memo dated Thursday, October 25, 2018 addressed to the defendant (Mr. Olabode Adetoyi)
* Consultation and legal opinion on Report of the activities of Neovia Invivo SA of France/ ADM dated September 12, 2019 by Messrs Toye Sofayo and Co (Chattered Accountants) after the failed merger and acquisition of 65% shareholding of Hi-Nutrients International by Neovia Invivo SA of France.
* Writing of a petition dated September23, 2019 to EFCC for investigation into the activities of Neovia Invivo SA of France and ADM Animal Nutrition by Mr. Acquah
* Legal Opinion and letter dated September 27, 2019 to the President of ADM Animal Nutrition on the aborted Board Meeting of Hi- Nutrients International Limited by Neovia Invivo SA of France previously scheduled to hold on Friday, September 27, 2019.
*Review of the legal opinion on events leading up to and after the Board Meeting of Hi-Nutrients International Limited held on July 13, 2020 and decisions taken.
Mr. Acquah said he dutifully carried out the numerous tasks to the satisfaction of Mr. Adetoyi, to the extent that he (Adetoyi) even acknowledged same in his autobiography titled: The Entrepreneur: The Autobiography of Olabode Adetoyi.
Mr. Acquah noted that things went on well until the conclusion of merger and acquisition of the business interests of Mr. Adetoyi and the foreign partners which subsequently led to the payment of N1,437 billion by the foreign investors who took over the shares of Hi-Nutrients International Limited .
The story changed after Mr. Adetoyi collected the said sum, and he became elusive and ignored calls and text messages when Acquah sent his bill of charges dated May 26 2021 made up of professional fees totalling N54,826,169.06 .
In the bid to recover the outstanding sum, Acquah’s counsel wrote a demand letter dated June 21 2021 to Mr. Adetoyi, which was ignored. A reminder letter was also written and sent on September 1, 2021 with no response from Mr. Adetoyi who thereafter shunned every opportunity for settlement.
The situation got so bad that Mr. Adetoyi evaded the service of the court processes relating to the matter . The court, at a point, ordered that the papers should be pasted on his Lagos residence @Plot 646c, Oluwatoyin Eleoromo street, Omole Phase 2.
The return date to report service of the originating processes on Mr. Adetoyi is now Wednesday, May 18, 2022.
Mr. Acquah who said Mr. Adetoyi’s refusal to pay for the professional services has deprived him of access to funds, is now urging the Court to intervene through an order for an immediate payment of N54, 826, 169,06 (fifty four million, eight hundred and twenty six thousand, one sixty nine naira and six kobo only) as clearly spelt out in the bill of charges dated May 26, 2021; legal costs of N5 million as well as interest at the rate of 21% per annum from May 26 2021 until the entire sum is liquidated.
No date has been fixed for the hearing of the suit.