Prince Engr. Charles Tabansi, Chief Executive Officer, Petronella Nigeria Ltd. an oil servicing firm, spoke with journalists over his dispute with INNOSON Vehicle Manufacturing Company. TONY OKAFOR was there.
How did this dispute start?
This is a job with the SHELL Company in Port Harcourt and we have been working with them for a long time. There are more than 80 operational vehicles we wanted to change in that company by procuring new brand ones and in the past, we usually engage Toyota products for such replacement. This should be about the fifth time we have changed vehicles in the company and we supposed to have started the changing of the vehicles from October 1, 2021when the contract was signed but before then, a friend of mine visited me with Innoson vehicle product called Innoson Granite (Diesel) pick up. I test ran the vehicle and expressed surprise for Innoson to have involved in such an amazing product.
That was when I told my friend that I would like to patronize the product as my brother in manufacturing of vehicles even as I would like to initially engage the company with 20 vehicles. At that weekend, I was coming to Anambra state and I decided to stop over at Innoson Manufacturing Industry at Nnewi to enquire from them whether they still have such Innoson Granite pick up products in stock and how soon could the 20 pieces be ready so as to commence the payment.
At this point, I was directed to the General Manager, Mr. Kingsley Amala whom I equally met and told my mission, that I needed 20 pickups and that I have seen the products which I like, then how soon could they be delivered. I also told him that there would be something to send to them through mail to ensure that all the vehicles needed would possess all the safety features that SHELL required. This safety certificate paper(mail) called NCAP certificate which demands for five star rating.
What followed?
After the discussion, Amala assured that after the advance payment, the twenty vehicles would be delivered within 2 weeks. As we are discussing, I saw my friend, Afred Nwosu in the same factory who told me he was the Director General of the company and we exchanged banters as well informed him what brought me there. He asked me whether I have not met the owner of Innoson motors, Chief Innocent Chukwuma before, I said no, then he pointed at him and I had a hand shake with him, introduced myself and I told him he was making Ndigbo proud. I also told him that I came to patronize him in his little way and wished to buy 20 vehicles at the beginning. This incident occurred in the late August 2021.
Though, this supply of vehicles with the SHELL was then about to be signed and Chief Innocent Chukwuma promised to give us a price of the vehicles. After later discussion with him, we arrived to the amount of N21.5m for each pickup. You see, we used to buy Hilux SUV for the SHELL at N24.5m and Innoson was giving us at near price, it was not because of the cheapness but for the sake of that I wish to patronize my brother.
Even at a time, people were asking us to leave buying the vehicles because they have no second hand value that could yield in reselling them at later time of duration but I insisted to patronize the indigenous company of our own.
On September 4, 2021, I told my people before paying the company, the mails containing exactly the list of what the SHELL really needed were sent to them including demand for how many years guarantee. For this, the company said would give 2 year guaranty while we asked for 3 years just like other companies do.
On September 7, 2021, the company replied the mails, giving a guarantee that the vehicles had the features enumerated and I personally called Chief Innocent, remanding him that the NCAP certificate of the company is very important to SHELL but he insisted that he had them, after all, he had supplied SHELL some vehicles in 2019 and 2020, whence he provided evidence.
How much was the total contract sum?
Meanwhile, the 20 pieces of the SUV at N21.5m will give the grand total of N430million, then, I started negotiating with the First Bank which agreed to finance the purchase and I paid Innoson an advance of N65million to resume production. After signing the contract in October 2021 with Innoson, I started arranging with the Bank for loan facilities and our own equity contribution in the loan was used in the advance payment while the loan proper will be used to furnish the main amount of the vehicles.
We told Innoson that the balance would be completed when the production is ready but after about 10 days, the General Manager called me and told me that the 20 vehicles are ready and we should pay up. I sent my General Manager and somebody from the bank to go and inspect the vehicles. The Manager went there around October 26, 2021 and inspected the vehicles and told me the vehicles were there and he could count up 50 vehicles; consequently, our 20 pieces were ready. We then confirmed to the bank about the readiness of the vehicles and the next day, bank prepared papers and we transferred N350million to Innoson, remaining N15million balance which I suppose to pay from my purse.
When was the payment made?
Actually, this payment was on Friday, we then believed they should start supplying us with the vehicles within the weekend. We waited till Monday and Tuesday the next week, no supply and I should have transferred them the remaining N15million on that Monday but as things started getting funny, I withheld the balance. At this point, they gave excuses that Mondays was sit-at-home for Nnamdi Kanu’s court matter and the weekend, their drivers weren’t available and after 8 days later, I was called. They said they were on the way with the vehicles. I sent my workers to receive the vehicles and I was later called to inform me it was only 5 vehicles they brought.
I asked them why the short supply and I was already running late of delivering the vehicles as agreed with the SHELL and said they will come back again with more vehicles. It took them another one week to come with only 4 vehicles, making 9 in total supply so far. Among the vehicles supplied, one of them was having a noise problem from the engine and we requested for those that came to take back the problem one but they refused, saying that we should take the vehicle to their office at Port Harcourt to look into it.
And what did you do at that time?
We were confused with the whole thing as I was losing money because that money was borrowed from bank and I pay interest. At this level, I sent my Manager to go to the factory and know exactly what was happening. He got there and could not see any vehicle again. He met the Managing Director and he was complaining that they are only expecting engines of the motors as the bodies are already available for coupling. Chief Innocent complained about having too much pressure of demand and call was placed across between me and Chief Innocent when I told him that my engaging with him was merely to patronize him as a brother and if these vehicles are not practically ready now, better refund me the money to buy Hilux Pickups in order to avoid misunderstanding and not to lose the job.
Chief Innocent promised to look into this and within some reasonable period, he didn’t react to this, then I consulted my lawyer who asked me if we were writing down this contract on pen and paper, I said no but only on trust. After about three weeks elapsed, I wrote a letter to Chief Innocent stating that it was like the business with him is a scam. He replied that they could have refunded the money but due to some business pressure and that I didn’t include the Account details where the company should send back the money.
On the same November 20, 2021, I hurriedly sent him the account details and I apologized for the mistake of not including my account number, asking him to give us back the money for the remaining 12 vehicles that were not supplied, so that we can complement the other ones supplied with Hilux products.
Before accepting any vehicle, SHELL will inspect all the vehicles and the ones discovered to be faulty would be sent for repair but until they came to the issue of certificate of NCAP, they requested for it from Innoson. I sent a mail to Innoson to that effect and the next day, Innocent sent one mail including a purported NCAP certificate which I forwarded to SHELL without looking into it because I so much trusted him at the time. The next day, Innocent resent another mail, saying the previous was erroneously sent and I immediately forwarded to SHELL. The next day, the Manager of SHELL BP called me and asked me whether I looked into what I sent that the certificate is okay but didn’t include the company that produced it and its website. Also that they needed to have the name of the company and the website for independent investigation.
What the SHELL do?
The SHELL Company thereby sent me a mail to that effect which I forwarded to Innoson, informing him to read the mail and see the request from SHELL. Chief Innocent stopped answering my calls and till today, he has not responded to that mail. This was happening around November 15, 2021.
Later, the SHELL sent a reminder which I also forwarded to him and I decided to look into that mail he sent to me. It happened that the first one belongs to Toyota Hilux and the second one is the same with Toyota but removed the picture of Toyota Company and planted picture of Innoson Granite. If you look at them, they look alike but the pictures and names are different, and the main name of the company that made the certification was removed. When I requested for the reason of sending us such dubious materials, nobody talked to us till date.
So, after a week, the SHELL Company rejected the vehicles and that was around November 26, 2021. I immediately sent a letter to Chief Innocent, informing about the rejection and they should come and take back the 8 vehicles already supplied due to their bad condition. I equally informed him that Innoson Company should refund us the #415million we paid to them.
Innocent replied and insisted that the vehicles are in good condition and if SHELL still insists of returning them, there is no problem, but their drivers to bring them back were not available. I suggested to arrange taking them to their PH office, he refused, saying they should be returned to Nnewi main office. At the same time, I tried to let him reason with me that it would be unlawful to arrange for taking vehicles without plate numbers(unmarked vehicles) to a distant journey to Nnewi, he maintained to take them back when his drivers are available.
What followed?
We waited for them for a week but nobody came, I wrote to them on December 2, 2021, informing them that the vehicles would be sent to their office in PH but in swift reaction, he maintained that he won’t refund any money if the vehicles were not returned to Nnewi main office. I asked him to, at least, to make haste to refund the money for the 12 vehicles that were not supplied at all, he refused. I begged him to an extent of involving some personalities to ask him to pay me which he insisted that the vehicles must be returned to Nnewi and be inspected to see if there are damages which will reflect to the money that will be refunded.
I exhausted all peaceful approaches within the December period of 2021 to get back my money without success, then in January 5, 2022, I sued him with his company, INNOSON.
At this point, his allies were calling me, asking me to withdraw the case because he can influence it and it will be there for donkey years. I only responded that if I can be assured that my money would be paid, I wouldn’t mind to write and undertaking that I will withdraw the case.
What are you really disputing?
We are disputing that Chief Innocent provided us with fake documents and the vehicles did not meet our purpose. To worsen the situation, he didn’t deliver the 12 remaining vehicles and doesn’t want to refund the money already paid for them in advance. So, Chief Innocent, Innoson is presently indebted with me to the tune #415million at present and I have dispatched all his 8 vehicles supplied to his office in PH.
Nevertheless, Innoson, through their Counsel, has responded to our litigation recently after a long delay.
