The drama between Singer, Kiss Daniel and His Former record
label, G-Worldwide Entertainment continues, and details as regards a
breach of contract between both parties have been obtained. Apparently,
Kiss Daniels’ Lawyers are saying G-worldwide breached the term of their
contract, which of course led to Daniel terminating the contract.
According to Kiss Daniel’s lawyers ‘L & A Legal consultants’:
Kiss Daniel did not walk out of his contract. He only terminated it
as he is permitted to do under the contract. Is it now a sin for a party
to exercise a right expressly conferred on him by law/contract? Is it
the fault of Kiss Daniel that the contract has a termination clause that
allows Kiss Daniel to terminate the contract?
We should bear in mind that the contract was drafted by G-Worldwide
Entertainment. Kiss Daniel scrupulously followed the provision of the
contract. It is unfortunate that people are mixing this case up with
that of other artists running away from a contract they signed. No! This
is different.
This is a case of an Artist insisting that the contract signed by the
parties must be obeyed and enforced. Kiss Daniel is firm believer in
rule of law and due process.
This was why it was Kiss Daniel that went to court first. People
should not confuse a case of properly terminated contract with cases of
ill-advised artists who angrily walked out of their contract without
following the laid down procedure under their contracts.
Kiss Daniel’s case is a well thought out act. It is an exercise of
right granted to him by the contract between him and his label. What do
people want from Nigerian artist? If they don’t employ lawyers, people
criticize them.
Now that Kiss Daniel has employed one of the best I.P. law firm in
Nigeria with a Professor of I.P. and a Senior Advocate of Nigeria (SAN),
people are still calling him names for acting in accordance with his
contract! When Artist don’t obey or assert their rights under their
contracts, people abused them, yet the same people are abusing Kiss
Daniel for obeying and enforcing the Termination Clause provided in his
contract! Na wa o.
This is not a Kiss Daniel’s fight alone. This is a fight for all
Nigerian artists except we are saying only artists must obey and comply
with contract but record label are free to do as they wish?
Finance:
Why is G-Worldwide afraid to grant Kiss Daniel unrestricted access to
his account and books as provided by the contract? The whole
relationship between a record label and an artist is about making money
and sharing it.
Finance and money is the crux of the matter. G-Worldwide did not sign
Kiss Daniel because they love his face. They signed him because they
think he can make money for them. And there is nothing wrong with that
as long as they play by the rules.
The only offence commented by Kiss Daniel was his
effrontery/impudence by daring to ask his record label to render
account! Kiss Daniel through his lawyer L & A – Legal Consultant
appointed a firm of Chartered Accountant to inspect and audit
G-Worldwide Entertainments books and account in respect of Kiss Daniel’s
project as provided by the contract between the parties. Immediately
the request was made, all hell was let loose.
Why will a Record Label be afraid to allow their Artist to inspect
their books of record? Especially, when the contract between the parties
was drafted by the same record label and the contract contains a clause
which specifically provided that the Record Label shall keep all
accounts and shall allow the Artist or his representative unrestricted
access to inspect and make copies of the records. See clause 7 of the
contract between the parties which provide;
“Company shall maintain proper accounting books and or records at its
principal office, in relation to revenue generated, or expenditure
expended in the course of the performance of this Agreement. Such books
and or records shall include, but shall not be limited to, any documents
or records which evidence the receipt and or disbursements of royalties
and other monies generated in the course of the performance of the
Agreement.
The Artist shall, at any time during the term of this Agreement and
upon prior written notice to Company, Artist or his/her designated
representative shall gain unrestricted access to inspect the books and
records of the Company relating to this Agreement and shall be entitled
to make copies thereof.”
Based on above, Kiss Daniel’s lawyer wrote to G-Worldwide on the 18th of July 2017 saying thus:
“This is to inform you that in accordance with the Recording Contract
between the parties, our client wishes to send his Accountants (WYZE
Associates) to inspect/audit his accounts with your client.
Kindly confirm your convenient date from next week when the Accountants can come in for the inspection/audit.”
Of course they failed/refused to respond to the above email
and only responded on the 25th of July 2017 (after several reminders)
saying: saying:
“I somehow missed your initial email. Apologies. I will discuss your
request with my client and will revert with a response before CoB
tomorrow.”
As usual, they failed to respond on the 26th of July 2017 as
promised and Kiss Daniel’s lawyers had to send another reminder by way
of email and telephone call before they finally responded on the 1st of
August 2017 saying:
“Regarding the date for the “audit”, can we agree on a date in late
August or early September? An earlier date will not be ideal- Emperor
Geezy is getting married on Saturday and will be unavailable for some
time after the wedding (for obvious reasons).”
Emperor Geezy, Leader of G-worldwide Entertainment.And Kiss Daniel’s lawyers responded by saying:
“It is our understanding that we are dealing with a company (G-World
Entertainment Ltd) and not an individual. Therefore, the unavailability
of Emperor Geezy would not affect the audit. Please note that the audit
will only involve G World Accountants and our Accountants. Therefore,
the presence of Emperor Geezy is not very important at this stage. In
view of the above, we can schedule the audit to an earlier date. Kindly
confirm when our Accountants can come for the audit within this week or
next week.”
Is G-worldwide Entertainment Limited a proper record label? Is it a
proper limited liability company? Or is it merely a one man show without
corporate structure, office and supporting staff? Can anybody name the A
& R officer of G-worldwide Entertainment Limited?
Anyway, G-worldwide Entertainments Limited responded by
creating a new excuse when they stated thus in their email of 4th of
August 2017:
“While the company is happy to assist your client’s accountants with
their audit request, unfortunately due to ongoing activities involving
the relevant company’s personnel, the time proposed by you will not be
convenient for the company (whose assistance you require to carry out
the audit).
In the circumstance, we suggest that we should agree on a day in the
last week of August for the audit exercise. We will wait for you to
propose a specific date during the said period for the audit.”
Even though it was clear to Kiss Daniel and his team that
G-worldwide Entertainments Limited was trying to frustrate the
inspection/audit, they went ahead to conceded to the end of the month
proposed by G-worldwide Entertainments Limited and sent them a mail on
the on the 7th of August 2017 saying:
“Our accountants will be available on 28th and 29th August 2017 for
the audit. Kindly confirm that the dates. Also confirm your client’s
address.”
Again, G-worldwide Entertainments Limited failed/refused to confirm
the dates for the inspection or the venue as requested and after several
reminders they only on the 28th of August 2017, which is one of the
dates fixed for the inspection and agreed to the 29th of August 2017 for
the said inspection/audit. Thereby giving Kiss Daniel and his team less
than 24 hours’ notice and which means the audit can only be done in one
day instead of two dates proposed. Of course, any experience person
knows that such audit can hardly be completed in one day. It was all a
grand design to frustrate the audit.
Unfortunately, when the inspection/audit finally held, Kiss Daniel’s
Accountant was denied unrestricted access to the “books/records” in
clear breach of the unambiguous provisions of clause 7 of the Contract
(as posted above). Kiss Daniel’s Accountant were surprised that Label
did not come to the venue of the inspection/audit with any physical
books, receipts, invoices e.t.c. but only brought a mere laptop! And
even refused to allow Kiss Daniel’s Accountant to make a copy of the
said “books/records” contrary to the contract. It was also discovered
that the representative sent by G-worldwide Entertainment Limited and
who brought the laptop is not an accountant and did not know anything
about the transactions recorded in the laptop. He could not answer any
of the questions/queries posted to him by Kiss Daniel’s Accountant.
Based on the above breaches (failure to allow unrestricted access and
to make copies of the books of account as provided in clause 7 of the
Record contract), Kiss Daniel’s lawyers gave G-worldwide Entertainment
Limited 14 days’ notice to remedy the breach as provided by Clause 16 of
the Contract and when they failed to do so within the 14days, the
Artist through his lawyer proceeded to terminate the contract as
provided in clause 14.2 of the contract, which provides that:
“Either party may terminate this contract by written notice to the other at any time if that other party:
commits a breach of this contract and, in the case of a breach
capable of remedy, he fails to remedy the breach within fourteen (14)
days of being required to do so in writing.”
Unfortunately, when Kiss Daniel’s lawyer gave G-worldwide
Entertainments Limited notice of the breach on 11th and 19th of
September 2017, G-worldwide Entertainments Limited failed and refused to
cure and remedy the breach within the 14 days allowed by the contract
and Kiss Daniel was forced to comply with the contract by terminating it
as required by the contract.
This termination therefore was not only in obedience to law and the
contract between the parties but was also a self defence by Kiss Daniel
to prevent “baboon dey work, monkey dey chop”.
Why is G-worldwide Entertainments Limited afraid of rendering
accounts? Should Kiss Daniel continue to work under G-worldwide
Entertainments Limited and receive whatever was giving to him without
allowing his accountant to audit the books? Is it an offence for an
artist to enforce the rights granted him by the contract drafted by the
Record label? the laywer wrote.