Kizz Daniel: Can Artistes Be Arrested for Not Performing at a Concert? We Ask Lawyers in Nigeria and Tanzania

The arrest of singer Oluwatobiloba ‘Kizz Daniel’ Daniel, whose ‘Buga’ has been making rounds in the entertainment space as Africa’s fastest-growing video with 43 million Youtube views in 46 days, has set social media ablaze.

Kizz Daniel had allegedly refused to show up at a much-publicised event at Warehouse, Old Nextdoor Arena, Tanzania, where he was billed to perform on Sunday, August 7, 2022, leading to an unfortunate turn of events where he was arrested and detained.

Fans who had paid as high as $10,000 for a table to see Kizz perform went furious, breaking things in the concert venue after he failed to show up.

On Monday, August 8, 2022, the star, in a viral video, could be seen being escorted by uniformed men to the back of a pickup truck outside the hotel in Tanzania.  Reports said the singer refused to perform at the concert because he did not like how he was styled. 

Upon his release, ‘Vado the great’ has apologised to his fans and given reasons for his absence. 

“The airline forgot our bags in Kenya along with some of the equipment we would be using for that night; the gear and costumes.”

“I didn’t mean to disrespect the fans. It was never intentional. I wanted to perform. I came to Tanzania to perform, but due to some circumstances way over my power, we couldn’t make that happen.”

“I apologise once again to the people of Tanzania, and I hope you guys give me another chance to give you a show, to give you a proper show, a beautiful show,” the ‘Buga’ star said.

Despite this official statement, conversations around the legality of his initial arrest have been raging and netizens have been at variance. Kizz Daniel might be known for his questionable attitude towards showing up at performances based on previous occurrences. Still, it is only fair to ascertain whether his arrest in a faraway land for failing to attend a concert is a square deal.

Live performances and concerts have been a veritable means for artistes to bring home the bacon. Formerly billed supplementary to recorded music sales, live performances, which give a sense of shared live experience innate to humans, are gradually taking centre stage and posting substantial numbers. According to Oxford Economics, the national impact of the live event industry is significant, generating “a total fiscal impact of $17.5 billion in 2019, including nearly $9.3 billion in federal tax revenues and $8.3 billion in state and local tax revenues.”

This goes to show that the live performance industry is a thriving one and, as such, possesses contracts, agreements and written documents, usually called live performance agreements, which cut across a network of artistes or a third party who can act on behalf of the artist, such as their booking agent or manager, the venue owner or the event promoter as well as the fans. 

Mind you, the breach of such agreements or contracts warrants a legal cause of action and a type of civil wrong – one which directly applies to Kizz Daniel.

Digging the dirt on the fairness of his arrest, Netng spoke with legal practitioners in Nigeria and Tanzania for more insight into what the law of the two countries says about the practices and procedures that ought to be at work in such a case.

Tolulope Afolabi, a Civil Litigation and Property Lawyer in Nigeria, said the musician’s detention is illegal because it ought to be a civil case. 

“When an artiste does not show up for a concert or event, the artiste should be sued. He should be sued for Specific Performance – an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act. But if the event has already occurred, it will be impossible to sue for Specific Performance.”

“In such a case, the artiste should be sued for Damages because of failure to turn up. The show promoters or event organisers can sue him to refund their money, and they can even add Consequential Damages for whatever his absence cost them”, said Barrister Afolabi. 

Babatunde Kolawole, a corporate counsel in Nigeria, corroborated Barrister Afolabi’s view. In his opinion, arresting an artiste for breach of contract is unacceptable. And this law applies even beyond the shores of Nigeria because it is contained in the general common law.

According to him, “the case of an artiste not showing up for a concert is not a Criminal Offense but a civil matter. You can sue for Specific Performance – except in the circumstances beyond control like health. But in cases where the performance date is gone, the only remedy is to sue for Damages.”

“It is not ideal, legally, to arrest someone in such a situation. The process of penance for such should first start from suing the defaulter”, Kolawole concluded.

Since Kizz Daniel was arrested in Tanzania, it’s only fitting that we understand what is applicable under Tanzanian law. To do so, Netng spoke with Karangi Joel Karangi, an Advocate of the High Court of Tanzania. 

Karangi, like his Nigerian colleagues, reveals that an artiste’s refusal to attend an event falls under Civil Law. 

“If in a contract between an artiste and the organiser, the first instalment of payment had already been paid to the artiste, but he refuses to show up, the artiste’s failure, according to Chapter 16 of the Penal Code of Tanzania, might be termed as obtaining money under false pretence”, he said. 

“However, from a civil angle, it’s a breach of contract. The plaintiff must make an application before the court where the artiste or his lawyer is required to respond and write a statement of defence. After judgement has been declared, execution follows.” 

“If the artiste fails to execute the court’s order, they can then be arrested”, concluded Mr Karangi.  

Kizz Daniel’s case falls under the jurisprudence that refers to persons, things, and relationships that develop among them, which is known as Civil Law. As an Actual Breach of Contract – where the music star has refused to fulfil his obligations by the due date – the remedy requires compensatory damages from him to address direct economic losses stemming from the breach, and consequential losses, which are the indirect losses that go beyond the value of the contract itself but are the result of the violation.

While his apathy towards concerts is to be criticised, Kizz Daniel’s arrest should be deemed illegal and unjust. It only shows malfeasance in office and how the law could be manipulated to mete out punishment unjustly.