Why Sujimoto’s video response to EFCC doesn’t add up, by Gimba Kakanda

I just watched this disturbing video by Olasijibomi Ogundele, the CEO of Sujimoto Group, reacting to his declaration as wanted by the EFCC, and the first thing that came to mind is that either his claim to have studied law is false or he is not telling the whole story. That short clip leaves far too much unsaid. No one with a basic grasp of law would be on the run based on the facts in this video alone.

Mr. Ogundele alleges that he is in this legal trouble over a school-building contract that was priced below the actual cost, and that he accepted the offer only after the Governor personally assured him that any loss would be offset in a future mega-project. That already raises serious questions under contract law. If true, it falls within the realm of undue influence or economic duress, because it suggests that he entered into an unprofitable agreement under the pressure of a promise which the Governor, acting from a position of power or influence, may never have intended to fulfil. In law, such an inducement could render the contract voidable.

He also says the State acknowledged that the contract sum was too low, and that massive inflation made the project economically unviable. Normally, rising prices are seen as business risk, but when inflation is extraordinary and coupled with supply crises, the doctrine of frustration can apply. This doctrine allows a court to discharge a contract when unforeseen events make performance radically different from what was contemplated at the start.

In the same video, he points to armed attacks around project sites. That is not a mere inconvenience. Insecurity on that scale falls squarely within the category of force majeure or frustration by supervening events. No contractor is expected to carry out construction under gunfire. Add to this his claim of a broken back and you see another possible defence, because personal incapacity can frustrate a contract where the contractor’s skill or supervision is central.

The video, ironically, reveals the very legal defences he could have explored if he were innocent of wrongdoing. He could have raised undue influence or misrepresentation, arguing that the Governor’s promise was the inducement. He could also have relied on frustration, citing inflation, insecurity and injury. At the very least, he could have claimed payment for the work already done and been discharged from the rest under the doctrine of quantum meruit.

I am also struggling to see the criminal elements in the matter. Contractual disputes fall squarely within the realm of civil law, and inviting the EFCC—a law enforcement agency—into what is essentially a contractual disagreement raises another legal question: the misuse of law enforcement to settle civil disputes. The law is settled that parties must avoid clothing purely civil matters with criminal colouration in order to harass and intimidate contracting parties.

If Mr. Ogundele is indeed telling the truth, he may have a strong case against both the complainant, the Enugu State Government, and the agency acting on its behalf, and could even seek damages. A competent lawyer would have pressed the State on its own admissions. Did the Governor acknowledge that the contract was underpriced? Did he make promises of future contracts? Was performance disrupted by insecurity? But I doubt he would be on the run if the matter were truly this straightforward.

Even a third-year law student could have built a defence around these doctrines to prevent such a brand of high ambition from being smeared as criminal. The real issue is not that the project collapsed. Projects do fail. The real issue is why the collapse was allowed to migrate from civil liability into the language of crime. That transformation is what has turned a failed contract into a reputational disaster for Sujimoto, and one can understand why the CEO broke into tears here in this bid to salvage the image of a company he has aggressively marketed as “the Rolls Royce of Luxury Real Estate in Nigeria.”