PARTIES 1. The plaintiff and the first defendant are both companies incorporated under the laws of the Federal Republic of Nigeria. They have their principal places of business in either Lagos or Abuja. The second defendant is the Managing Director of the first defendant and is a citizen of the Federal Republic of Nigeria. The plaintiff was represented by Barrister Chief Emefo Etudo, whilst the defendants were represented by Barrister Edoka Dox Onyeke who was debriefed and substituted with Barrister Enyinnaya Uwaezuoke. THE PLAINTIFFE’S CASE 2. The Plaintiff avers that it delivered five million litres of Automotive Gas Oil (AGO) to SHELL on credit upon the instruction of the first defendant for a consideration of 485 Million Naira. The first defendant undertook to pay the plaintiff the contract sum from the proceeds received from Shell. However, upon receiving the payment from Shell, the first defendant failed to fulfil its contractual obligation to the Plaintiff. After subsequent negotiations, the total debt of the first defendant to the plaintiff was reduced to 255 Million Naira. Cheques issued by the first defendant for the 255 Million Naira were not honoured. 3. Plaintiff states further that it then gave a three month grace period to the first defendant to make good the outstanding payment in order to resolve the issue. Plaintiff entered into an agreement with the first defendant for the liquidation of the indebtedness by April 9, 2008. The first defendant then issued a post dated cheque for the entire outstanding amount. Under the said agreement, the second defendant guaranteed the repayment of the amount owed by the first defendant. The said agreement provided that any dispute shall be settled by the Community Court of Justice, ECOWAS. 4. The averments continue that about two weeks to the scheduled date for the first defendant to liquidate its indebtedness to the plaintiff, the second defendant contacted the solicitor to the plaintiff who is also the plaintiff's soliciter-in-the-present-proceedings_and appealed to. him to receive a bribe of 2

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