The news first made the rounds in 1974. Chief Bolarinwa Abioro, Chairman of African Songs Limited and Balogun of Ipokia, had taken his star musician to court! Abioro was well-known to KSA’s followers. Abioro was well-known to Sunday Adeniyi. The son was Sunny. Abioro was the dad. Between father and son, what could have gone wrong?
African Songs Limited signed KSA as the second artist to its roster. The very first was Ayinde Bakare. The third was Sikiru Ayinde Barrister. Young Sunny Ade, like most creative people, was more concerned with his passion than the business side of music. His goal was to become an excellent musician and play music.
The fact that Abioro, one of the biggest men in the music business at the time, was willing to promote him was sufficient. They brought papers to sign for Sunny and his bandmates. They refer to it as a contract. For all KSA cared, it could have been referred to by any name. Won ni ko wa je saara, whereas ni ojo ti wonu ju To put it simply, ata ni won ni ko mu wa ni You’ve been invited to a free meal, but you’re upset about the short notice. Should you bring salt or pepper? The boys of Sunny Ade didn’t hesitate. It’s unlikely that any of them read the terms of the contract. The fact that they were going to become recording artists was the most significant factor. Sunny complied. The boys in his band signed. Everyone was content.
The agreement was for a long time. However, KSA was a household name prior to its expiration. Challenge Cup, his album, sold more than 500,000 copies. King Sunny Ade would undoubtedly continue to dominate the music industry for a very long time to come. African Songs Ltd. recognized a quality product immediately. The company’s management did not wait for the first contract to end before introducing a new one.
The new agreement had precise language. For a period of five years, KSA and his bandmates agreed to perform and record exclusively for ASL. Sunny Ade’s recordings and compositions were all the property of ASL. King Sunny Ade’s performance could only be produced, reproduced, and used by ASL anywhere in the world. Not the only thing. KSA was prohibited from performing any services to himself, any company, or group of people during the term of the agreement. Additionally, the contract stated that ASL could choose to extend the agreement for an additional two years or for any other length. Radiant Ade had no such right.
Not the only thing. KSA and his boys were entitled to a princely sum of twenty kobo upon the sale of each album, which was then priced at N6.00. Yes, that is correct. The remaining N5 would be sent to African Songs. 80 kobo. The mathematics of Onigegewura have never been good. He is only an inexperienced historian. The sum can be done by yourself.
Sunny gratefully signed once more while still reveling in his growing fame. The boys in his band signed. Still, 20 kobo was a lot. Orogun iya re da Sokoto fun o, o ko bale, how come iya to bi da fun o? You claim that the pants your stepmother made for you were too short, but where is the pair your own mother made for you? Every album would feature their 20 kobo royalty. When the time came for the actual payment, it turned out that, mathematically and arithmetically, it wasn’t supposed to be 20 kobo. They had not considered the expense of advertising and publicity! And since the artist was being promoted, he must be responsible for paying for it! Sunny was given 15 kobo for each album after the addition and subtraction.
The mathematician Chike Obi was not KSA. However, he was aware that 20 and 15 kobo were not the same. KSA realized that he was getting the short end of the stick when compared to his peers in the music industry. Chief Ebenezer Obey, a coworker of his, was making as much as 70 kobo per album. Others were making anywhere from 35 to 60 kobo.
Sunny made the decision at that point to request an increase in the royalty payment from Chief Abioro. KSA and his coworkers were patiently discussed by the chairman. As they discussed each reason why a raise was necessary, he was nodding. Chief Abioro opened a file on his desk after they finished. He drew out a heap of reports. Sunny could see that it was a copy of the contract he had signed even from across the table. A contract is a contract. It is a legal agreement!” They were informed by the chief. What you signed is this. You have the right to receive this! Nothing less or more.” He put the documents back in the file. Case thrown out.
However, Sunny was not done. Chief, there is no contract involved. Our father is you. Our demand is for sufficient compensation! Let’s forget about the contract. Boss Abioro took a gander at the youthful star the manner in which a parent takes a gander at a kid requesting another treats. ” Put the contract on hold? Should we disregard the contract? The chairman posed an incredulous question. It would be nice to ignore the contract, you know. But what do you know? That is against the law!
Haba! Ke! Illegality. At that point, someone suggested that he ask some of his friends to make their case. Sunny concurred. Eni ti o mo oju Ogun, after all, ni pa obi ni ‘re. The duty to perform its rites typically falls on the person who is familiar with Ogun, the god of iron. They went to meet Ruler Okunade Sijuwade who might later turn into the Ooni of Ife. Chief Afolabi Joseph was also present when they met. Chief Nurudeen Alowonle and Chief Ebenezer Obey were both requested to intervene.
As “amici curiae” on behalf of the musicians, the prominent individuals appeared in the court of the Balogun of Ipokia. Amici curiae are lawyers who have been invited by the judge or judges to fill out briefs that could help the court decide a case. Our prominent individuals presented their case like seasoned lawyers. Relevant sections of the unwritten Yoruba constitution were cited by them. They cited proverbs from Yoruba. They made reference to the tale of Oduduwa. The case was quickly dismissed after the presiding chairman heard their arguments. It is a contract!
Chief didn’t just turn down the raise request. He brought out a new set of documents after opening yet another file on his table. Your hunch is correct! a new contract for five years! Sunny Ade had learned enough law by this point. He was now a full-time mathematician. Through practical experience, he had earned his Master of Business Administration. He was aware of the implications of writing something down. He requested an extension of time.
The King of African Beats was in a predicament. Chief had threatened not to release any new albums until he signed the new contract, despite the fact that his new songs were finished. Furthermore, KSA was unwilling to enter into any new contracts until the royalty issue was resolved.
KSA recalled his grandma’s precept. Ti abiku ba gbon ogbon ati ku ni igba erun, iya abiku a gbon ogbon ati sin oku e si etido. If an abiku chose to pass away during the dry season, when he was aware that the ground would be difficult to dig, his parents would also choose to bury him near the river, where the ground would not be difficult to dig.
Sunny Ade decided to work with a different company to put out his record. His strategy was to use the album to get African Songs to agree to a better deal. Rather than the measly 20 kobo, he was certain that the executive would be prepared to pay him no less than N1.00 per duplicate. After being recorded in Nigeria, the album was transported to London for mixing. Sunny Ade was unaware that Chief Abioro was an expert player. Chief Abioro had the new record in his possession before Sunny could get a copy of his own.
When the court bailiffs arrived, Baba Ibeji was writing new material at home. They issued an interim injunction against him! The court order was as broad as it was extensive. It was forbidden for Sunny Ade to sell, distribute, market, deal, etc. etc. of the document. He reread the instructions. He was aware of the implications of the document he was holding, despite not being a lawyer.
His thoughts returned to how he had traveled from Abeokuta to Lagos with only one shilling and eighteen pence, and the emotion was palpable. He recalled his time spent with Baba Sala. He recalled how Baba Sala’s traveling theater left him stranded in Jebba and Kano. how he struggled to make it as a musician and missed his mother for two years. He recalled how only 13 copies of his first album were sold. This court order came at a time when he was just inches away from success! He knew with grim determination that he couldn’t give up.
He thought back to his first day at Oshodi, when he was trying to find Moses Olaiya’s house but got lost and ended up at Dr. Victor Olaiya’s house in Tinubu instead. He recalled his prayerful kneeling in the Oshodi dust. He knew right away what he needed to do. Sunny fell to his knees and prayed and prayed with an emotional voice. The Sunday Adeniyi who had knelt to pray was not the one who stood up. He had gained authority. He had gained confidence. He started his own label that same night.
The start of Sunny Alade Records!
He skipped sitting down once more. He recalled Chief Abioro’s threat to bring him down at any cost. He needed a lawyer who was familiar with the law and was ready to fight the Magnate for him. He set out on his own to find Gani Fawehinmi.
Gani examined the claims after gathering the court documents. He checked his client out. He went over the claims once more. Chief Abioro was putting nothing at risk. He was aware of his demands for the court. The agreement between African Songs Limited and Sunday Adeniyi had been read by his lawyer.
Chief Abioro only desired the following from the court: a declaration that Sunday Adeniyi and his boys were still in agreement with ASL; a directive controlling Bright Ade from appropriating or selling the record; an account of the record’s total sales; and N1 million for contract breach.
I sincerely hope you are not mocking the N1 million as “chicken change.” Keep in mind that this was 1974. At the time, a brand-new Volkswagen Beetle cost approximately N500. In 1974, N1 million was a princely sum!
The court was overflowing on the day of the trial. Gani Fawehinmi had every legal power in his possession. He brought sufficient law books to the court to start a library. Contract books were available. Human rights books were available. Intellectual property was the subject of numerous books. Even some books on slave trade were brought in by Gani.
An order to compel African Songs to produce its statement of account for the three years prior was Gani’s first application to the court. The order was made by the court. It was discovered that Sunny Ade Records brought in nearly N900,000 annually for the business. In addition, it was discovered that KSA received N62,000 in total during his nearly ten years with the company. How is it possible that you are asking me what is 62,000 times 900,000? You know that I don’t study mathematics. Please do not inquire about fractions or percentages.
Gani made sure to bring up the question of how 20 kobo became 15 kobo. He also extensively questioned Chief Abioro in cross-examination regarding the burdensome contract terms. Because it amounted to the colonization of King Sunny Ade, a free citizen of the Federal Republic of Nigeria and a citizen of the Commonwealth, Gani informed the chief that the contract was illegal because it restricted trade.
The parties were listened to by My Lord Justice L. J. Dosunmu with patience. His Lordship also posed some probing questions to the witnesses. The case was then put on hold by the court until February 14, 1975, when it would be decided. The fact that it was Valentine’s Day was something that the King of African Beats had no idea about. His main distraction was to figure out where in which the pendulum of equity planned to swing.
On February 14, individuals began arriving at the court at 7 a.m. The enormous crowd that had gathered in court to witness the historic decision was difficult for the court officials to manage. Justice Dosunmu ruled in His Lordship’s favor, stating that, despite the contract’s stringent terms, they were not grounds for invalidity. As a result, ASL and KSA’s contract was actually enforceable. Sunny turned to look at his attorney as the court decided whether the contract was valid. Gani motioned toward him to be quiet, the court had just settled one issue out of four.
Regarding the second claim, the court ruled that the records in question could not be ordered to be recalled because they had been distributed throughout Nigeria. As a result, the court did not prevent Sunny Ade and M. Ola Kazim, his marketer, from selling the album. Sunny had a fleeting grin on her face.
You may recall that Chief Abioro was seeking N1,000,000 in compensation for contract breach. Sunny Ade was found liable by the court for recording with a different company while the contract was in effect. He was charged N300! Indeed, 300 Naira! From N1 million to N 300! Sunny flashed his first smile.
KSA was ordered by the court not to release another album until the contract with Chief Abioro’s company, which was due in six months, expired. The court found that the contract was still in effect. Six weeks! What foods will I consume? Bright thought. Anti Wura, Buroda Alani’s third wife, must have only heard this portion of the verdict, and she must have heard it incorrectly as well! Justice Dosunmu claimed, as if reading Sunny Ade’s mind, that he was aware that Sunny Ade would need to eat and provide for his family during the six months that the contract would be in effect. As a result, His Lordship decided that Sunny Ade was free to perform live for money and that the injunction only applied to recording albums. According to His Lordship, this was done to prevent the King of Music from starving or being forced to return to Chief Abioro.
King Sunny Ade jumped to his feet and gave his counsel a hug before the Judge had even gotten up. He was free! He embraced Gani like a bear. He had made up his mind. Business and creativity must coexist. The King of Pop recalled years later: The episode taught me that an artist who produces hit records needs to pay attention to the business side of things. He would be in disarray otherwise.
