Mohammed Shosanya
Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has clarified on the circumstances surrounding the seizure in France, of three presidential aircrafts belonging to the Federal Republic of Nigeria.
In a statement on Thursday, titled: “Attempt by a Chinese Company to Attach Nigeria’s Sovereign Assets in France” Prince Fagbemi said the Federal Government became aware of the seizure on August 14, 2024.
Kamarudeen Ogundele, SA to the President on Communication and Publicity,Office of the Attorney General of the Federation and Minister of Justice,released the statement on Thursday.
“On 14th August 2024, the Federal Government of Nigeria became aware of the interim attachment of three presidential aircrafts undergoing routine maintenance in France.
“The said temporary attachment was made pursuant to exparte orders issued by the Judicial Court of Paris dated 7 March 2024 and 12 August 2024, respectively at the instance of Messrs. Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce a Final Award granted in its favour on 26 March 2021, against one of Nigeria’s sub-nationals, Ogun State” the AGF stated.
The AGF explained that the arbitral award arose from an arbitration proceeding, which had commenced in 2018, as a fallout of a contractual dispute between the Chinese company and Ogun State Government over the operation and management of Ogun Guangdong Free Trade Zone.
“We wish to clarify that, though the dispute originated from engagements of Ogun State Government, however, the consequential enforcement actions are being directed against the Federal Government and its assets in line with extant principles of international law which holds that the actions of a subnational or local entity are attributable to the State or country itself, Fagbemi stated.
However, the Justice Minister hinted that the Offices of the National Security Adviser and the Attorney-General of the Federation, have already set in motion both legal and diplomatic steps to ensure the discharge of the “inappropriate orders” against the aircrafts, which are covered by sovereign immunity.
“While, further actions are being put in place to resolve the entire dispute through available legal means, the firm position of the Federal Government remains that the aircrafts in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do” the AGF submitted.
An arbitral tribunal headed by the former President of the UK Supreme Court had awarded Zhongshan about $74.5 million in compensation, but the Ogun State government, which has a dispute with Zhongshan, is yet to honour the award.
Therefore, the court order restrained Nigeria from moving or selling the presidential jets until the Chinese firm, Zhongshan receives the awarded $74.5 million.
It was learned that two of the jets, part of the Nigerian presidential air fleet, were recently put up for sale, while the third, an Airbus 330, was purchased by Nigeria but not yet delivered.
The seizure of the presidential jets followed an application by Zhongshan, a Chinese company whose export processing zone management contract was revoked by the Ogun State government in 2016.
The seized presidential jets include a Dassault Falcon 7X at Le Bourget airport in Paris, a Boeing 737, and an Airbus 330 at Basel-Mulhouse airport in Switzerland.
