On December 13, 2019, Nigerian Lawyer, Olisa Agbakoba (SAN) informed members of the press that Nigerian singer, Kizz Daniel will not perform at his December 26, 2019 concert. His reason is that the artist’s ‘brand’ still belongs to his former label, G Worldwide.
Agbakoba was speaking in his capacity as a legal representative of G Worldwide, the label that was home to Nigerian singer, Kizz Daniel. Although Kizz Daniel now releases music under his own label, Flyboy Inc., but has pending matter at the High Court to determine the state of his contract with G Worldwide.
When Olisa Agbakoba spoke, he says his client wants to make an example of Kizz Daniel to artists who want to breach the terms of their record contracts. He says, “The press conference is to call attention to the fact that artistes or labels think they can do what they like, it’ll have to stop and Kizz Daniel represents the living example of how the rules of the industry are not being followed.
“We have to stop it… We are going to apply for an injunction to stop the show because he is tied to us and the matter is in court and if it is in court, the court has to decide. So we’re going to ask the court to stop the show.
“Next year we’re going to take the strongest possible measures against Kizz Daniel until he comes back and repent and pays us what he owes us. “
You might remember that…
On Monday, October 7, 2019, Nigerian record company, G Worldwide (represented by Olisa Agbokoba (SAN)) prayed a High Court sitting in Lagos to stay proceedings so it can settle the matter between itself and its former artist, Kizz Daniel.
Its preferred method of resolution was the alternative dispute resolution method, arbitration. This option to resolve matters via alternative dispute resolution is a stipulation of the contract signed between G Worldwide and Kizz Daniel.
But On Friday, October 25, 2019, Pulse obtained a document that contains Kizz Daniel‘s reply, as represented and signed by Oluwaseye I. Lawal (Esq.). In the 8-point document, Kizz Daniel denies that a new law suit was instituted against him by G Worldwide. He deems claims of a new law suit to be “false insinuations and misinformation.”
Point one states that Kizz Daniel has not breached his contract with G Worldwide Entertainment Limited (GWW). It states that instead, the contract between Kizz Daniel and G Worldwide had been lawfully and legally terminated by Clause 14.2 (a) of the contract signed between both parties. The contract was also drafted by G Worldwide.
On “Point 2” of the document, Oluwaseye Lawal (Esq.) writes that, “There is no new law suit between our client and GWW, contrary to a misleading media campaign instigated by GWW. The only two existing law suits between the parties was instituted about two years ago.”
The first suit
Kizz Daniel’s Lawyers, claim that a suit with number, SUIT NO: LD/2279/GCM/2018 was adjourned by a High Court sitting in Lagos before Olisa Agbakoba legal filed an application praying the court not to deliver judgement but allow both parties resolve the matter by arbitration.
Oluwaseye I. Lawal claims that it “vehemently” rejected the application on grounds that it is, “trite Law that parties are not allowed to arrest/stop the judgement of a court.” Barrister Lawal feels the general public should ask why G Worldwide and Olisa Agbakoba are trying to stop the judgement of a court of competent jurisdiction.
It also feels the general public should ask why claimants, G Worldwide and Olisa Agbakoba who instituted an action against his client (Kizz Daniel) do not want the court to deliver judgement.
The Second suit
Via his legal representatives, Kizz Daniel says that G Worldwide and Olisa Agbakoba have frustrated the second suit with number, SUIT NO: FHC/L/CS/1758/17. The matter, being that it is about a liquidated money demand of over N10,000,000 has been subjected to a fast-track procedure.
On point 4, the document reads, “Unfortunately, GWW and its legal team have frustrated trial in the last one year by filing different interlocutory applications despite the fact that there is a pending order for an accelerated trial.”
In closure, Oluwaseye Lawal submits that GWW and its legal team are afraid of the outcome of both cases via judgement and have intentionally engaged in a smear campaign against its client via social media. He describes it as “calumny” and ‘blackmail.’
He also states that GWW has failed with applications to stop his client from using stage names, “Kizz Daniel” and “Kiss Daniel” on more than two occasions.
Submissions
In the final points on the document, Oluwaseye I. Lawal wants to assure the general public and industry stakeholders both in Nigeria and overseas that;
- Kizz Daniel is free, “To continue to use the stage names “Kizz Daniel/Kiss Daniel” and perform any and all record contracts whether produced under the terminated contract or under his new label (Flyboy Entertainment).
- They are free to transact business with Kizz Daniel as well as engage with and partner with Kizz Daniel as they have been doing over the past two years.
- It wants GWW and its legal representatives to behave like law abiding citizens and allow a court of competent jurisdiction to properly decide the future of both suits against its client, Kizz Daniel. It also hopes against intended or unintended interruption of the legal process. It then hopes GWW stops its media campaign of calumny against his client.
- Kizz Daniel is grateful for all the support he has received from the public over the past two years. The artist also wants to, “Humbly call on his fans, partners and well-wishers to join him to collectively reject blackmail, sponsored media campaign of calumny and cyber bullying directed at his person or brand.”
You might also remember that…
A few years ago, Nigerian singer, Kizz Daniel was embroiled in a contractual dispute with his then-record label, G Worldwide. The issue was his desire to breach the terms of his contract and exit the label without fulfilling the terms of his contract.
As a result of the dispute, an injunction prevented him from performing throughout the festive period of December 2017. It also led to him changing his name from ‘Kiss’ to ‘Kizz.’ G Worldwide has trademarked the name, ‘Kiss.’ While on G Worldwide, he released his critically acclaimed and commercially successful Headies-winning 2016 debut album, New Era.
However, in 2017, he was able to release music again through his own record label, Flyboy Entertainment and even released his sophomore album, No Bad Songz on the label.
