“When you leave it to God, God may decide to use humans in the form of lawyers to fight for you” Denilson Igwe wrote as he sues Mark Angel for unjust enrichment, Unfair talent exploitation, and A settlement sum of USD$1,500,000 (2.5 billion naira)
Denilson Igwe, a former member of the popular Nigerian comedy group “Mark Angel Comedy” has reportedly sued Mark Angel, the founder of the group, over their issues that is still yet to be settled.
Denilson took to social media to share his frustration, stating that when you leave things to God, God may decide to use humans, such as lawyers, to fight for justice.
After the podcast he did he requested
50% of the revenues generated from the skits they made together from the beginning till date; 50% share of any future revenue their skits will generate; A complete account of the money they made from Mark Angel Comedy from 2011 to 2019; and A back-end report of Mark Angel Comedy’s YouTube channels and Facebook pages, including views and revenues generation, from 2011 till date.
After he sent Mark Angel how he want to be settled, there was no response till this date, that is why he decided to take a legal action
Read The Lawsuit
Dear Sir
Letter of Demand on Behalf of Denilson Igwe for Compensation for Breach of Contract, Unjust Enrichment, Unfair Talent Exploitation, and Unconscionable Bargain Pertaining To Mark Angel Comedy
We are solicitors to Mr. Denilson Igwe (our Client) on whose behalf and instruction we write to you on the above subject. We submit this letter of demand in the firm belief that Mark Angel-originally known
as Mark Ebere (“Mark”) and Mark Angel Entertainment Nig. Ltd (“the Company”)-are in breach of the contract with our Client with respect to the business and promotion of Mark Angel Comedy, and are liable-both in law and equity-for unjust enrichment, unfair talent exploitation, and unconscionable bargain.
Background
1. We have been informed by our Client that he co-founded Mark Angel Comedy from inception-sometime in 2011 (previously known as “Mechanic Pictures”) and later renamed to “Mark Angel Comedy” in 2013.
talent exploitation, and unconscionable bargain committed against our Client with respect to the Mark Angel Comedy business.
8. Until August 2019, our Client had no information about the brand’s social media monetization and the huge financial rewards associated with Mark’s posting of the Mark Angel Comedy skits content on social media platforms such as Facebook and YouTube, especially. Our Client only got to find out through information he received from a concerned person who expressed surprise at our Client’s outlook and general welfare which was in sharp contrast to the financial health of the comedy business our Client was now widely known to be part of.
9. Our Client states that Mark would sometimes credit him with money for his upkeep which our Client believed came from “meager” proceeds from shows, tours, endorsements, sponsorships, donations, and goodwill support from Mark (whom he trusted wholly and took as an elder brother and business partner). This was not in the nature of a salary as no salary payment was ever contemplated. Our Client at this stage, had no idea about the huge sums being generated from the monetization of the skit contents he co-created.
Nature and Formation of Contract
10. From the background information above, it is abundantly clear that the comedy skit-making contract and partnership arrangement with our Client was basically oral, but laced with all the enforceable and relevant ingredients of a valid contract and partnership.
11. The position of the law remains that a contract can be formed orally, in writing, or by conduct of parties. More so, while the terms of a contract may be expressly stated, the law acknowledges that the terms of a contract may also be implied.
12. The comedy skit-making contract and partnership arrangement between Mark and our Client could be easily gleaned from the oral understanding between our Client and Mark, their conduct as joint-promoters of the business, and from their legitimate expectations from the joint venture.
Breach of Contract
13. It was orally agreed, and also reasonably implied, that our Client and Mark would share the proceeds and profits from the Mark Angel Comedy business in equal shares after deduction of some financial expenses which our Client and Mark usually settle in different proportions.
14. It was also an implied term of the contract that Mark would work in good faith and transparently operate the social media accounts of Mark Angel Comedy by making full disclosure of the monies earned through the monetization scheme. This was never done by Mark.
15. Contrary to the contractual understanding of the parties, Mark failed to act in good faith and to transparently operate the Mark Angel Comedy social media accounts by withholding information pertaining to the earnings from the Mark Angel Comedy through the monetization scheme. Mark and the Company failed to render accurate accounts, thereby denying our Client his financial entitlements as a pioneer co-founder and a partner in the business.
16. After years of being kept in the dark, around 2019, our Client eventually discovered through Social Blade (a reliable online analytics tool that helps in tracking the performance of social media accounts and providing statistics regarding the earnings of such accounts) that the Mark Angel Comedy social media accounts earned an estimated average sum of $54,500-$872,500 annually, over the years.
17. Our Client confronted Mark and the Company about his findings but to no avail. Frustrated, our Client eventually decided to exit the Mark Angel Comedy in November 2019.
18. After our client’s exit, he went on to launch his own comedy brand, Denilson Igwe Comedy.
Unjust Enrichment
19. By withholding relevant information regarding the earnings of the Mark Angel Comedy social media accounts, and by failing to fairly share the proceeds from
the monetization scheme of these accounts, Mark and the Company unjustly enriched themselves at the expense of our Client.
20. The law frowns at the act of unjust enrichment and upholds the rights of any person, such as our Client, who suffers a consequential loss by making an order of restitution, interest on the converted sums and damages in deserving cases, as in the instant case.
21. Mark and the Company’s interference with our Client’s commercial expectation, and what constitutes his legitimate earnings, in addition to Mark’s unfair, exploitative conduct and bad faith support this conclusion.
Unfair Talent Exploitation & Unconscionable Bargain
22. By well-executed manipulative objectives, Mark and the Company unfairly exploited our Client’s talent by denying him his legitimate entitlements while engaging him to continue to work and help in co-creating and producing comedy-skit contents for Mark Angel Comedy.
23. Apparently, Mark and the Company rode on our Client’s impecuniosity, and lack of information regarding the immense success of Mark Angel Comedy, by constantly engaging him in skits production (after our client’s exit in November 2019) in exchange for paltry sums paid to him for merely sustenance.
24. Our Client informed us that out of frustration, and having obtained reliable information about the true earnings of Mark Angel Comedy, sometime in 2019, he was involved in a complaint to the Nigeria Police in Port Harcourt against Mark and the Company. The complaint was brought forward by Mr. Nwaebo Samuel, the father of a Mark Angel Comedy content creator, Emmanuella Samuel (popularly known as “Emmanuella”), over several allegations connected to unfair talent exploitation.
25. Further to the preceding paragraph, in the admission of liability, Mark and the Company made an offer of N10,000,000 (Ten Million Naira) only which our Client initially rejected. But due to the distress and pressure of his financial needs at the time, our Client eventually, although reluctantly, received the Ten Million which Mark and the Company paid in four tranches in July 2019.
26. The payment of Ten Million Naira to our Client in spite of the magnitude of earnings and inflow of the Mark Angel Comedy is purely an evidence of unconscionable bargain which our Client, as the weaker and uninformed party, was made to receive. This is unlawful, hurtful, and inequitable.
Recent Developments
27. Our Client informed us that on 10 August 2024, you invited him for a meeting to discuss settlement and proposed compensation. Subsequent to the brief meeting, you had some informal exchanges on WhatsApp regarding the settlement.
28. In the spirit of amicable settlement and in order to move things forward, we understand our Client wrote you a letter dated 16 August 2024 (copy attached) asking you to make your proposals to him official. He also outlined his expectations for settlement. However, till date, you have failed to respond to his letter.
Our Client’s Demands
29. In view of the foregoing, our Client demands as follows:
a) A settlement sum of USD$1,500,000 (One Million, Five Hundred Thousand US Dollars), cumulatively, as reasonable compensation for breach of contract, unjust enrichment, unfair talent exploitation, and unconscionable bargain committed against our Client by Mark and the Company from 2013 to 2019.
OR IN THE ALTERNATIVE
i) A comprehensive account by Mark and the Company of the earning proceeds from the Mark Angel Comedy as held by Mark and the Company from 2013 to date of settlement; and
ii) 50% of the revenues generated from all the skits co-produced and monetised from 2013 till date.
b) 50% share of future revenues generated by the skits co-created and co-produced, calculated from the date of settlement of claim (a) above;
c) A monthly back-end report of all the YouTube, Facebook, and other social media pages and channels of the activities on such pages and channels therein from the date of settlement of claim (a) above.
d) Administrative access to all social media pages and payment of all further or future profits accruing therefrom to a new bank account to be jointly held by you and our Client.
30. Our Client is open to negotiating with Mark and the Company to resolve this lingering dispute and for the purpose of achieving a possible amicable settlement.
We strongly advise that you do not ignore the contents of this letter by ensuring a swift settlement of our Client’s demands in the next 14 days in order to avert an avoidable litigation of the full claim together with the attendant publicity.
TAKE NOTICE that we have our Client’s firm instruction to take every legal step against Mark and the Company to protect our Client’s interest and to ensure that justice is done.
Please also be informed that we are now fully seised of this matter and all further correspondence on the matter should be routed directly to us henceforth through:
Check the post below on Denilson profile
