Facts:

The Respondents claimed that they had engaged in business transactions with the Appellant involving the supply of materials such as mixed materials, chippings, granite, hard core, and bitumen. According to them, the Appellant had a practice of making payments for such supplies within thirty days. They asserted that requests for supplies were typically made orally by the Appellant’s officers and that upon delivery, these officers would endorse the invoices issued by the first Respondent as proof of receipt. The Respondents stated that they made deliveries to the Appellant on April 30, 2012, June 11, 2012, and December 3, 2012, and that in each case, the Appellant’s officers endorsed the invoices to confirm receipt. However, the Respondents alleged that the Appellant later stopped making timely payments, failing to meet the thirty-day payment window. Despite repeated complaints, the Appellant reportedly responded only with assurances of eventual payment. They maintained that payments received were irregular and insufficient—described as mere trickles—leaving a substantial portion of the debt unpaid. Specifically, out of a total outstanding sum of ₦33,791,720.00 as of October 4, 2013, the Appellant had only paid ₦1,500,000.00, leaving a balance of ₦32,291,720.00.

The Respondents further contended that the Appellant’s continued failure to settle the debt, despite numerous demands, caused severe financial hardship, eventually forcing them out of business. The outstanding amount also included funds from bank loans accruing high interest. They claimed that a formal demand letter sent through their lawyers was ignored by the Appellant. In March 2013, one of their creditors filed a petition with the Economic and Financial Crimes Commission (EFCC), leading to the arrest of the second Respondent. During questioning, the second Respondent explained that their inability to repay creditors stemmed from the Appellant’s unpaid debt. Following this, the EFCC wrote to the Appellant seeking confirmation of the debt, and the Appellant responded via a letter dated March 8, 2013, acknowledging an outstanding balance of ₦37,436,520.00 as of that date.