By Henry Umahi

In May 2015, the Nigerian Breweries (NB) sent a letter to the managing director, Evan Power Engineering Limited, Engr. Kenechukwu Charles Agu, informing him of his registration as its vendor/contractor.

Signed by Ethel Nwoke, brewery manager, Ama, the letter said: “We refer to your application for registration with NB Plc, Ama, and wish to inform you that you have been registered as a specialist services provider under automation instrumentation and control system category.

“You are hereby permitted to engage in services with NB Plc, Ama, effective from 21st May, 2015. Your code is 1000095491.

“Please quote this number in all your subsequent correspondence with us. Our payment terms with you is 45 days on the full supply of products/services in the order except otherwise agreed to.

“You are also expected to abide by rules and regulations guiding suppliers in Nigerian Breweries Plc as contained in our suppliers’ code already signed by you.

“We congratulate you on your appointment and hope that you will apply yourself diligently to provide first class service to the company as required.”

With this, a business relationship began between the two entities. However, along the line, things fell apart and the centre seems to be in tatters. And a couple of mails have resulted from the misunderstanding.

Engr. Kenechukwu Agu is claiming that NB is owing him a humongous sum. According to him, his “multi-millions and company were put in limbo and a project ticked by Nigerian Electricity Regulatory Commission (NERC) as the panacea for the energy (power) problems in Nigeria is abandoned”

However, NB denied any indebtedness to Agu, saying his claims have no merit.

On March 26, 2018, Agu wrote a letter to the managing director, Nigerian Breweries Plc, requesting for “payment of bill of expenses accrued at Ama Brewery, Enugu, from June 2017 in access control works; refund of monies the Ama Brewery automation engineer, Mr. Solomon, collected from us as compensation/kickback for award of the contract to supply access control equipment at Ama Brewery, Enugu, adding more equipment than needed by the brewery to the supply list.”

He attached some documents to support his claims.

The letter further said: “Please, find as Attachment 12; the list of expenses we incurred in the course of our work on Access Control Systems at Ama Brewery from June to November 2017.

“It sums up to three million, seven hundred and forty-four thousand, one hundred and fifty-three naira, fifteen kobo (N3,744,153.15).

“We advocate no further delay in this payment considering the length of time that has elapsed and the trauma your managers have put us through.

“We also ask for the refund of the kickback money collected by the automation engineer, which is twenty thousand naira (N20,000) in cheque plus sixty thousand naira (N60,000) in cash, totalling eighty thousand naira (N80,000).

“It may interest you know that this kickback syndrome hugely influences contract process at Ama. Frivolous contracts are created, repeated and awarded to favour contractors who pay into this kickback pool.

“Contractors who don’t pay into this pool are seen as enemies by the managers. There is fraud and collusion with some contractors over brewery jobs/project.

“The system is not transparent. Execute a critical audit on contracts and you may be surprised at your findings.”

But NB was not impressed. In a letter dated June 14, 2018, and signed by Chiduem Aguguo, legal manage, operations, NB responded thus: “Re: Request for:

“1. Payment of bill of expenses accrued at Ama Brewery, Enugu, from June to November 2017, in access control works:

“2. Refund of monies the Ama Brewery automation engineer, Mr. Solomon, collected from you as compensation for award of contract to supply access control equipment at Ama Brewery, Enugu, and adding more equipment than needed by the brewery to the supply list.

“We refer to your letter dated March 26, 2018, on the above subject. We thank you for drawing our attention to the issue going on at our Ama Brewery (the Brewery). Please, be informed that we are investigating the issues, and appropriate disciplinary action would be taken against anybody found wanting.

“However, we note with dismay your failure to timeously escalate the issue when you became aware of it, and rather chose to play along. By accepting to have continuously given bribes, as allegedly demanded by Mr. Solomon (the automation engineer at the brewery), without officially escalating the issue, your action not only amounted to a criminal offence, but also in breach of our code of business conduct. As our registered vendor, you are required immediately escalate any act of this nature, and not condone it.

“With respect to your demand for us to pay you the sum of N3,744,153.15 for the use of your blueprint, kindly note that at no time did we commit to make any payment to you for the blueprint you submitted in respect of the access control project at the brewery. Moreover, you did not at the time of submission of the blueprint indicate that we should pay it.

“The blueprint mainly used to develop an RFQ for the supply and installation of access control equipment at the brewery, and the contract for the supply of the equipment was awarded to you, being the successful bidder. Our records show that you received some payment for the supply of the equipment, leaving an outstanding sum of N120,000.00. Thus, we are only obligated to pay the said sum of N120,000.00, being the outstanding payment due to you for the supply of the equipment.

“Regarding your request for the sum of N80,000.00 you admitted to have given to Mr. Solomon as bribe, kindly note that, as a responsible corporate citizen, we do not condone any act of illegality, and would not want to be dragged into same. Thus, we are unable to accede to the request.”

Apparently not satisfied with the position of NB, Engr. Agu threatened legal action. A letter dated February 25, 2020, and addressed to the managing director, NB, Iganmu, Lagos, from the law firm of Gab Agu & Co., said it was acting for its client, Engr. Kenechukwu Charles Agu, of Evan Power Engineering Limited.

The letter was titled: “Demand for payment of N753,744,153.15, due and made payable to Engr. Agu.” It read: “It is on behalf and instruction of our client that we address this letter to you. Our client informs us that his business relationship with your company dates back to 2014 when he revamped your access control system controlling the turnstile at Entrance Gate 2, at Ama Brewery, which defied the expertise of your registered contractors.

“Our client further informs us that, following a meeting in 2017, you referenced the underlisted for his execution: Assessment of the state existing access control facilities with recommendation for improvement; Parameter test and analysis for all access control devices to ascertain device and components due for replacement and cause of failure for maintenance;

“Generate a technical report on our findings and send to the engineering manager; Prepare a bill of engineering quantities and measurements to reflect our findings – this includes extensive communication with manufacturer to proffer the best world class solution to serve the brewery; Maintain the card access software (CA 3000);

“To recover where possible (through trouble-shooting and repairs, configuration, networking, installation works, etc) existing panels; door magnets; data/power/communication cables; turnstile rotations; mechanism, turnstile system controllers; accessories.

“Thorough assessment of the lightening threat and proffering solution; morpho access evaluation and recommendation and make alternative design where necessary.

“It is our client’s information that, upon delivery of the goods on September 25, 2017, and presentation of the bill for installation thereof, you frustrated every attempt at the installation of the procured devices. Instead, you surreptitiously engaged your automation engineer who had been working closely with him and had access to his blueprint to engage in the installation without our client’s consent, knowledge or approval. The blueprint is the intellectual property of our client.

“Our client, by a copy of this letter, demands the payment, within one calendar month of the date of delivery of this letter, through the undersigned the sum of N753,744,153.15 (Seven Hundred, Fifty-Three Million, Seven Hundred Forty-Four Thousand, One Hundred Fifty-Three Naira, Fifteen Kobo). This is made up of N750,000,000 (Seven Hundred Fifty Million Naira) for the appropriation and stealing of our client’s intellectual property without his knowledge, consent, authority and approval and N3,744,153.15 (Three Million, Seven Hundred Forty-Four Thousand, One Hundred Fifty-Three Naira, Fifteen Kobo) for the procurement of devices and execution of access control system at Ama Brewery Nigerian Breweries Ltd.

“Painfully, our client laments that because of the use to which the blueprint will be deployed to in the national electricity architecture to curb corruption and financial malfeasance and the acknowledgement of same by relevant organs of government in the industry, our client is apprehensive of the attempts on his life by some persons in your branded vehicles.

“We are attaching some of the relevant correspondences in this matter to refresh your memory and ease of reference. It is our client’s final instruction that, should you fail to comply fully with the clear demands of this letter, we should proceed against you, without further notice in any manner whatsoever contemplated by law and or within the provisions of the law to compel you to do the needful.”

Nigerian Breweries responded through a letter dated March 17, 2020, and signed by the legal manager, operations, Chidubem Aguguo, and addressed to Gab Agu and Co. with the title, ‘Re: Demand for the payment of N753, 744,153.15 due and payable to Engr. Kenechukwu Charles Agu of Evan Power Engineering Limited’. The letter reads: “We refer to your dated February 25, 2010, but received March 10, 2020, on the above subject.

“Firstly, we bunk your client’s spurious allegation that we engaged assassins to assassinate him. This weighty but fabricated allegation is not only libellous but also disparaging to us, and we will take appropriate legal action to redress same in due course.

“Secondly, your client’s claim for N753,744, 153.15 is without merit and we hereby reject same in its entirety. We reiterate that at no time did we commit to pay your client for any document (whether quotation, bill of quantities, blueprint or any other document whatsoever) provided by it in respect of the reactivation of the access control system at our Ama Brewery (‘Project’).

“Moreover, your client was paid in full for all the work it did for us, including the materials it supplied for the project. Thus, we are not in any way indebted to your client.

“Consequently, we deny any liability to your client and in the same vein reject its claim in its entirety.”   

Following the impasse, so to say, the law firm of Gab Agu & Co. sent “a constituent’s cry for help” letter to Senator Ike Ekweremadu, representing Enugu West Senatorial District, to intervene.

Dated 22/9/21, the letter said: “We are solicitor for Engr. Kenechukwu Charles Agu, who is your constituent in Enugu West Senatorial District of Enugu State of Nigeria.

“Our client is the  chairman/managing director of Evan Power Engineering Ltd. He was contacted by Nigeria Breweries Ltd to revamp her access control system controlling the turnstile at entrance gate 2 at Ama Breweries, Ninth Mile Corner, Ngwo, which had defied the expertise of several registered contractors. We attach and mark Annexure ‘A’ a copy of our letter of 25/2/2020 for ease of reference.

“Our client supplied the access control equipment and delivered same to Nigeria Breweries Ltd at her works at Ninth Mile Corner, Ngwo, on 25/9/2015. It is our client’s information that the said Nigeria Breweries Ltd had attempted to surreptitiously edge him out and use her automation engineer, who, unknown to him, had been ‘planted’ to understudy him during the development of the blueprint, which he fraudulently used to install the control system. The blueprint has serious positive implication for our national electricity architecture as it will curb financial malfeasance in the electricity industry in Nigeria.

“Sir, Nigerian Breweries Plc despite several and repeated demands, neglected or indeed refused to pay our client the sum of N753,744,153.15 (Seven Hundred, Fifty Three Million, Seven Hundred Forty Four Thousand, One Hundred Fifty Three Naira, Fifteen Kobo) being his entitlement for access control system. Instead of the payment, our client received death threats for his insistence to be paid his due.

“We are attaching herewith and marked Annexure ‘B’ containing some of our client’s civil advocacy and conversations on the matter, aimed at arousing public interest, to help him ‘talk’ to an overbearing and intimidating business colossus as the Nigeria Breweries Ltd, which seems to have made up their mind to silence a young Nigerian innovative scientist, his dreams and contribution to the Nigerian state.

“We are, therefore, seeking your intervention as his representative to bring this state of affairs to the knowledge of the Nigerian public and policy managers to help a young, helpless, innovative Nigerian to benefit from his intellect and sweat and contribute robustly to the Nigeria of our dream.”

Based on this, Ekweremadu sent a letter to the Nigerian Breweries without success. On April 13, 2022, Ekweremadu sent a reminder to the managing director of the NB on the “demand for payment of N753,744,153.15 due and payable to Engr. Kenechukwu Charles Agu of Evan Power Engineering Ltd.”

The letter, signed by Mr Ben Ogugua, Chief of Staff to Ekweremadu, said: “I have been directed to remind you of His Excellency’s request for your kind intervention in the matter of his above-named constituent’s outstanding payments with your esteemed company.

“I have attached once more the correspondence from Engr. Agu’s lawyers to you and the distinguished senator for your ease of reference.

“While His Excellency looks forward to your prompt attention to his request, please accept the assurance of his best regards.”

However, Sade Morgan, Corporate Affairs Director, NB, said: “Evan Power Engineering Limited was paid in full by Nigerian Breweries Plc for all services rendered in the past. Our last payment to the company was for services rendered in October 2017.

“We therefore find any other claim to be without merit, and we are not liable to it.”