8. In the defendants’ statement of defence, they put in a general traverse
denying every allegation of fact made by the plaintiff in their statement of
claim except where such was expressly admitted by them and put plaintiff to
strict proof of the allegations thereof. The defendants stated that they had not
refused to settle their indebtedness to plaintiff but plaintiffs conduct had
frustrated all efforts made by them to settle their indebtedness. Defendants
continued that in line with first defendant’s business practice it was
comunitted to settling its debts to the plaintiff, and paid 230 Million Naira to
the plaintiff, prior to the institution of this suit. Defendants further stated that
it entered into negotiations with plaintiff to pay the outstanding sum of 255
Million Naira by instalments,
9. Defendants stated that the agreement dated 9/4/08 on which plaintiff relies
heavily was entered into under undue influence, duress and without the
benefit of having their solicitors peruse and advise on same before
execution. According to defendants, they had to enter into that agreement
when plaintiff and its solicitor Mr. Emefo Etudo threatened to use the
officers of the Nigerian Police and the Economic and Financial Crimes
Commission to arrest the 2"’ defendant. Therefore, defendants contest the
voluntariness of the said agreement and the issuance of a cheque in the sum
of 255 Million Naira in favour of plaintiff as it was done to prevent the
unlawful arrest and detention of second defendant.
10. Defendants pleaded emphatically that at no time did they by themselves
or through anyone acting for, through or in trust for them offer to bribe
plaintiff's solicitor to compromise the recovery of the 255 Million Naira
they owed plaintiff. Instead, defendants contend that being desirous of an
amicable“solution of the issue between the parties, they informed plaintiffs
solicitor that the first defendant needed more time to settle the debt it owed
the plaintiff because first defendant was expecting some funds from a
housing contract it had undertaken, as well as other ventures it had embarked
upon which were on the verge of yielding funds. Defendants continue that
plaintiff's solicitor by some overt acts pressurised and extorted a total sum
of 1.1 Million Naira from defendants in order to prevail upon plaintiff to
ao
le theis indebteda
laintift