Below is the link to Okey Bakassi's video post allegations against our company
https://www.instagram.com/tv/B3e8vFEp5Bz/?utm_source=ig_web_copy_link

Below is our response and documents in support.

Our attention has been drawn to a video and post by our Client Mr. Okechukwu Onyegbule (popularly known as Okey Bakassi) on his instagram page with the handle @okeybakassi on October 11, 2019, in which he misrepresented facts about his unsuccessful attempt to purchase a house from our estate. His claims in the said video are summarized as follows:

1. He wanted to relocate to Abuja in 2011 and invested in a property to enable him do same.
2. Claims he invested a total of N8.6M and the developer promised to deliver the house in 3 months.
3. The Developer failed to deliver in 3 months and when he realized that his objective could not be met he demanded for a refund.
4. He has been refunded only N3M in over eight ( years.
5. He is now appealing to the public to plead with the developer on his behalf to refund his money as he does not want to involve the police or lawyers.
6. His reason for the video and post is that he did business with people he considered as friends but they have refused to keep their promises and are taking him for granted.

Our response to the above is therefore intended to set the records straight and not malign him as we would always protect our clients including those who are not able to achieve their goal of buying a home.

CLAIMS, FACTS & ANALYSIS

Okey Bakassi claims he invested a total of N8.6M and the developer promised to deliver the house in 3 months. In other words, he paid the sum of N8.6M being the full payment for the house and was promised it would be delivered in three months.

 Fact: The estate project commenced in 2009 and was due for delivery by the end of 2011, so off plan marketing and sales commenced. Okey Bakassi indicated interest and was offered a 3 bedroom bungalow at the total sum of N32.073M with a concessionary payment plan which required him to make 50% down payment, take possession and pay the balance over 4 years, interest free. We informed Okey Bakassi the houses will be ready for occupation December 2011. (See attachment#1, offer dated June 27, 2011 sent via email June 28, 2011). See also attachments #2 & #3 respectively - Notices of Handover dated October 28, 2011 and the reminder notice dated November 18, 2011.

 Was there actually any promise by developer to deliver in 3months ?

o Going by the date of his Offer (June 27, 2011), the alleged promise to deliver in 3 months would imply that a house would be ready in September 2011. How come upon receipt of these notices informing him a house will be ready in December 2011, he did not raise alarm? Rather in his response dated November 20, 2011, he acknowledged the handover date of December 2011, promised to settle his outstanding balance and thanked us for our patience (see attachment# 4). In a subsequent letter From Okey Bakassi dated July 12, 2014, he clearly admits and confirms the true position “I was promised that the property would be ready for occupation by December of 2011” (see attachment# 5). What is contradiction?

 Did Okey Bakassi comply with the terms of the offer to him (that is, 50% down-payment and balance in monthly instalments in 48 months?

 Fact: From the date of the offer till November 18, 2011, Okey Bakassi made a total payment of N6.6M and another N20k for his subscription form (non-refundable). See Notices of Handover showing total amount paid.

December 2011 came and passed and Okey Bakassi did not get allocation because he did not meet his requisite 50% down payment to obtain allocation. Okey Bakassi was in default and was now pleading to get back on the transaction and promised to subsequently pay up the outstanding balance. Sometime between November 20, 2011 (his last correspondence) and November 21, 2012, Okey Bakassi made another payment of N2m (two million naira) as evidence that he wants to get back on the transaction. See Attachment#6, Demand for outstanding balance dated November 19, 2012 with his balance acknowledging the additional N2M paid bringing his total payment to N8.6M.

o It is therefore not true as Okey Bakassi claimed that the developer failed to deliver hence his request for refund. On the contrary, Okey Bakassi was in default and could not have been allocated a house.




 When did Okey Bakassi actually apply for refund?

 Fact: We did not hear from Okey Bakassi the whole of 2013 neither did we receive any further funds towards the purchase of the house until his letter of June 26, 2014 (see attachment #7). In the said letter, instead of coming out honorably to admit that he couldn’t continue due to unforeseen economic and financial reasons, he went on to manufacture reasons/offense to justify his default ( as he is alleging now) and thereafter demanded a refund. In our response dated June 30, 2014, (see Attachment#, we granted his request to refund in accordance with the terms & conditions of his purchase as enumerated in his application form, which in essence is repayment in installments over a reasonable time having expended his funds in the project.

Several telephone conversations ensued and we further informed him that many other unsuccessful buyers like him where already on schedule for refund, having committed deposited funds to the completion of the homes subscribed to and that payments were made from receipts on sales/ payments from subscribers enjoying the concessionary interest free payment which he was offered.

Question: In view of Okey Bakassi’s initial request for refund dated June 26, 2014, is it reasonable or deceitful to claim that we the developers have been holding his money since 2011 and refusing to refund his money despite his “I no do again” so to speak?

 Fact: We subsequently commenced refund and paid Okey Bakassi N2M (two million naira). By implication, the transaction had terminated as unsuccessful by reason of default by the subscriber and the developer would in accordance to the terms & conditions of sale surcharge the subscriber and refund the balance within a reasonable time, to wit: “that if we withdraw our application/subscription in its entirety, I/we agree to pay a penalty charge of 15% of the amount paid so far to cover administrative costs and the renovation costs if we have taken possession of the property” “that Shelter Concepts Nig Ltd agrees to refund any deposits made without delay and without interest charges should the applicant be unsuccessful in their application/subscription”. Despite these provisions, we waived this penalty surcharge for Okey Bakassi on account of friendship and compassion, hence the amount due for refund doesn’t reflect the said surcharge.

Question: How come since 2016 till date Shelter Concepts Nig. Ltd did not complete Okey Bakassi’s refund?

 Fact: Shortly after Okey Bakassi received the 2M refund, he began to hint via telephone calls and eventually mooted the idea of wanting to be reinstated in the transaction again. He intimated that things were looking up and would love the opportunity to be reinstated. We agreed in principle on the grounds that we will make it official once we receive reasonable funds or deposit from him. At this time the price of the 3bed bungalow had increased and he was negotiating the same price of his previous offer. As time went on, Okey Bakassi was unable to make good with further funds to be reinstated, he now suggested we give him a piece of land in lieu of his outstanding refund.
We accepted his request, offered him a piece of undeveloped plot which was discounted just to see that we achieve a closure. He was taken to see this plot which he accepted.
The plot was valued at 15m and offered to him at N12M which required him to pay the difference of N5.4M even in installments as we were ready to have a quick resolution.

Again Okey Bakassi stopped communicating and went silent on this, prompting our letter of June 14, 2018 (see attachment#9) requesting him to conclude on our agreement. Okey Bakassi responded in his letter of June 17, 2018 (see attachment#10) arguing that his acceptance of the plot as settlement was on the premise that the plot must be equal in value with his outstanding sum +/- N1M, different yet again from what we agreed and communicated him. He went on to state that he didn’t have any extra money to pay us for the plot. His letter ended without indication to move forward with the plot or refund. When thereafter we received his letter dated February 28, 2019 (see attachment#11), requesting a refund with banking account info for the refund, it became clear that we could not manage the inconsistencies and therefore scheduled his refund for a quarterly payment of N1m to commence in July 2019. We thereafter paid him N1M on June 28, 2019 (see attachment#12) with the second tranche due and payable in October 2019, and we are committed to honor the plan and where possible pay more than the N1M or even the whole balance outright.

In sum,
• It is therefore not correct to give the impression that he discontinued the purchase because we could not deliver the house in 2011, when in fact he had only paid 6.6m as against 16M.
• It is also not true that we promised to deliver the house in 3 months from the date of his offer as it is on record that some others who met their threshold requirements took possession in 2011.

• It is also not correct that he requested to be refunded since 2011 and has only received 3M since then when in fact he made the first request for refund in 2014, opted to continue and pulled out again. Therefore the delay of not effecting the refund judiciously to completion was mainly his fault.

• It is on record that each time he opted to continue with the purchase, other clients under refund are scheduled in his place against expected receipts.

• It is also not true that we were taking Okey Bakassi for granted, on the contrary, he was indulged because of the relationship that existed between him and some of the company directors in view of his constant appeals to the directors to avail him his various requests.

• It is also true that we were willing and able to either refund him had he remained consistent with the refund option or avail him a house had he met his threshold requirement for allocation.

• It is not true that he pulled out because we had sold his house since he was not allocated any specific house and the said house types in question are even still available for purchase as we speak.

• It is also on record that the request for refund was never in contest; that Okey Bakassi knew very well the provisions of refund as provided in the terms and conditions of sale; that it was not for altruistic reasons that he did not want to involve a lawyer or the police; that he is very well aware that either way (with police or the court process) the outcome would be a payment plan which is our process and which he commenced before he opted out for reinstatement.
• That we commenced refund in June 2019 having run around in circles with him for well over 4 years, and when it became clear that refund was the only option remaining for settlement we committed to completing same against all odds in the shortest possible time.

• If Okey Bakassi was not happy with the payment plan we commenced in June 2019, he was at liberty and had the means to register his displeasure or renegotiate the refund terms.

• That the subject video on his Instagram handle wherein he painted a narrative and picture of civil transaction with us which he knew to be false and complete misrepresentation of the true facts, was clearly calculated to bully, harass, threaten and destroy our business reputation by portraying us as a fraudulent and dishonorable company is not acceptable and crossed the line.

• That since his video and post on Instagram, our staff and directors have been living in fear of death, violence and injury to our persons and properties as his followers have taken to his Instagram page and other medium to make threats to kill, kidnap and harm our staff and directors in solidarity with him.

• It is instructive to note that Okey Bakassi in addition to his post and video is also aiding and abetting these threats to the lives and properties of our staff and directors as he is encouraging them by leaving the threats on his page and even egging on some of them with thumbs up even though he has the option of deleting them if he is not in agreement with their contents and is not in support of the use of his page as the medium of such threats.

• Why Okey Bakassi would resort to social media and radio rather than utilize legal means to obtain redress (if he truly has any grievance against us) is clearly a calculated and deliberate strategy to use his celebrity status to bully, harass and threaten our lives and properties.

• In trying to understand Okey Bakassi’s motive, it was brought to our attention that Okey Bakassi may indeed be copying a respectable night club owner in lagos who had once threatened on social media to expose some of his high flying clients on social media who are owing him for services rendered them at his club should they not pay up promptly. If Okey Bakaasi was immitating this night club owner, did he not see that the said club owner did not mention any names; moreover, he was asking payment for services rendered not for an unsuccessful attempt at purchasing a house as in Okey Bakassi’s case.

• In any case, we have instructed our lawyers to pursue remedy through legal means and to refer the threat to life to the appropriate security agencies for investigation.

We thank you for your time and attention. Many thanks and appreciation to those who had the courage to ask Okey Bakassi why he chose this medium to address his grievance when he had the option of utilizing the legal means. And for those who without hearing our side of the story advanced curses, and all manner of threats on us….it is totally not your fault in view of Okey Bakassi’s celebrity status, we forgive you. It is our prayer that you are not misunderstood or misrepresented either in your personal or corporate capacity as we have in the last few days. Remain Blessed.


Kindly view all attachments by visiting the link below (PDF FILE).

https://drive.google.com/file/d/1EGyisAK8UKkqPImXP3tl0oiw3z2GvhDS/view?usp=sharing

Parties to a contract should learn to keep their side of the agreement. Having followed the analysis of Shelter Concept and attached documents, I made bold to say Mr Okey didn't keep his side of the contract.