6th May 2007
My name is Paul Butterworth. I am the managing director and CEO of Tyre Protector International Limited, (hereafter referred as TPI). TPI produce and distribute a life saving product that protects tyres against punctures.
I have known Amb Fashanu (hereafter referred to as AF) since March 2004. I approached him to ask if he would produce and present a promotional DVD for TPI. He agreed and during the production became so impressed with the product and its potential to improve road safety that he asked if he could represent it throughout Africa.
TPI adopt a number of different distribution methods. Franchising and straightforward distribution are the most popular. It was agreed that straightforward distribution should be adopted throughout Africa. The difference are the contractual obligations imposed on a master franchisee, the master franchise contract is a 56 page document whereas the distribution contract is only 16 pages in length. I would aggressively discourage a country manager with a distribution license from franchising.
My relationship with AF has developed and strengthened considerably. However, there have been times of turbulence when it has been necessary to address issues of concern. As in all relationships, I am sure that I have caused AF as much concern as he has caused me but we have always managed to resolve our differences professionally and our relationship has strengthened as a consequence.
I first met Kayode Thomas (hereafter referred to as KT) in March 2006. AF and KT visited the factory in the UK because KT was keen to purchase the state license to distribute Tyre Protector exclusively in Lagos. It was clear from our first meeting that KT is an extremely professional, competent and successful businessman. He is very quick to discuss his attributes and inform people about his Harvard training.
I met him again for an extended period in Lagos in July 2006. My business partner Colin Jones and I had travelled to Lagos to conduct the training for KT and his team to enable them to distribute Tyre Protector effectively and professionally. I have to say that the training had been organised very professionally. It was perhaps the most successful training event I had visited and this can be confirmed by the well documented reports and photographs that were produced during the event.
My only concern was the amount of effort KT and his team had put into excluding AF from the event. KT and his business partner Titi openly discussed their feelings about AF. I explained to them that AF should be at the event because his position of country manager should be respected. I also tried to explain that AF’s involvement would add credibility to the event because of his popularity and persona. I was told by KT that AF was not liked or accepted in Nigeria and KT and Titi felt they could develop the business more effectively without him.
Colin and I were in an uncomfortable position. Our loyalty and allegiances were towards AF but we were guests of KT and Titi and were in Lagos at their expense to train their people. I did arrange a meeting that brought us all together but it was a disaster. AF has never been confrontational and he conducted himself admirably throughout. KT and Titi were extremely aggressive and rude toward him and it was obvious that without help this relationship could not continue or develop.
During our visit Colin and I visited potential customers with KT and Titi. It was immediately evident that the potential business in Lagos made the exclusivity KT possessed exceptionally valuable. Visits to the Dangote group and Jagal indicated that KT would have been able to meet the purchase requirements of the license of 100,000 litres of sealant annually without difficulty. I do not consider the £27,500.00 KT paid for exclusivity to be excessive. Business potential for Tyre Protector in Lagos was enormous.
Throughout the training and our social time together KT and Titi took every opportunity they could to discredit AF to Colin and I. Before our arrival in Lagos they had spoken with other state license holders and conspired with them to discredit AF. Only one state license holder, Chief Vincent refused to support them. I became a victim of the saying “mud sticks” KT and his team were doing a good job of discrediting AF and Colin and I were now questioning his ability to manage Nigeria.
On my return to the UK I took the unusual step of suspending AF’s license to enable me to investigate the complaints against him. I met with KT and other state license holders at our factory in the presence of our solicitor. Damaging information was submitted against AF and all of them alleged that AF was selling franchise licenses in Nigeria and profiteering from the sale of licenses.
Approximately two weeks later, my solicitor and I met with AF and his solicitor in the factory to address the allegations and evidence against him. AF was clearly able to show that allegations made by the state managers were a total fabrication. Some license holders claimed to have given AF large sums of money, AF had written evidence showing this to be untrue. The production of KT’s license and pre email conversations with AF’s solicitor confirmed that KT had not been sold a franchise license and that he had not signed it in haste or under pressure. There is email evidence showing that KT took every opportunity to discuss the contract and address issues that he was unhappy about. The contract was explained to him and he agreed its content.
Conclusion.
KT was trained at Harvard, he is the managing director of a successful business in Lagos. His actions have not only destroyed any possibility of him representing TPI in Lagos they have seriously affected the development of TPI throughout Nigeria.
I have recently seen the contract between AF and KT. It is not a franchise contract it is a very simple and straightforward distribution contract. I have seen the emails that KT wrote to AF’s solicitor before signing the contract. They confirm the contract was not signed in haste.
KT is a very convincing manipulative young man. I now believe that his almost successful attempts to discredit AF were motivated by greed. KT was not happy with just the state of Lagos. He was prepared to do anything and say anything to obtain the license for the whole of Nigeria.
As soon as he realised his plan had failed he stopped corresponding with AF and refused to accept the obligations of his license with AF. He sought legal action against AF based on lies whilst he arranged to represent a competitor’s product (Ride-On) from America throughout Nigeria and Africa.
I respectfully submit that these are not the actions of an injured party. They are the actions of a greedy manipulative and thoroughly cunning individual who will stop at nothing to satisfy his greed for power and success.
I have viewed the claims KT is making against AF. KT has used the knowledge, information and training he received from AF and TPI to procure a competitors product that he intends to distribute throughout Africa. KT is clearly in breach of his contract with AF and AF should in my opinion be entitled to substantial costs for damages, deformation of character and loss of business.
I am happy to give evidence in court in support of AF. However, KT has told me himself how unsafe Nigeria can be and how easy it would be to have someone harmed. I am now concerned for my safety in Nigeria and respectfully ask the court to accept my written evidence that can be supported by emails written by all parties concerned between July and December 2006.
Yours sincerely,
P L Butterworth.
CEO Managing Director
Tyre Protector International Limited
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