By Chinasaokwu Helen okoro
Nigeria’s federal government says it has initiated both legal and diplomatic steps to ensure the release of three seized presidential aircraft in France and Switzerland.
The aircraft undergoing routine maintenance in France and Switzerland, were seized following ex parte orders issued by the Judicial Court of Paris on March 7 and August 12, 2024.
These orders were obtained by Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce an arbitral award granted in its favor in 2021 against Ogun State, a sub-national entity in Nigeria.
The seized aircraft include a newly acquired Airbus A330 valued at over $100 million. Other aircraft in question include a Dassault Falcon 7X and a Boeing 737, both part of the Nigerian presidential fleet.
However, the Presidency in a press statement issued by Bayo Onanuga accused the company of fraudulent activities and misleading the Judicial Court of Paris in its attempt to claim Nigerian assets.
The government further highlighted that the ongoing legal issues pertain exclusively to Zhongshan and Ogun State Government, and not the Federal Government.
Meanwhile, a press statement issued by Kamarudeen Ogundele, spokesperson to Nigeria’s Attorney-General, said the Offices of the National Security Adviser and the Attorney-General of the Federation have initiated both legal and diplomatic measures to ensure the release of the aircraft.
However, Zhongshan Fucheng Industrial Investment Co. Limited said they remain confident in the arbitral panel’s decision, which was unanimously in their favour.
Bayo Onanuga, media aide to President Tinubu said, “Undoubtedly, Zhongshan withheld vital information and misled the Judicial Court in Paris into attaching the Nigerian government’s presidential jets, which are on routine maintenance in France.
The use and nature of the Presidential jets as assets of a sovereign entity whose assets are protected by diplomatic immunity forbid any foreign Court from issuing an order against them.
“We are convinced the Chinese company misled the Judicial Court of Paris regarding the use and nature of the assets it seeks to attach and did not fully disclose to the court as required by law.
This same Chinese company had tried to enforce its questionable judgment in the UK and USA but failed.
”In the statement by Ogundele, the Nigerian government said it’s efforts are grounded in the principle that the aircraft are sovereign assets, used exclusively for sovereign purposes, and therefore immune from attachment.
“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,” it said.
The government also maintained that the interim orders against the aircraft are inappropriate, given their status under 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 aircraft in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do.
”Meanwhile, Zhongshan Fucheng Industrial Investment Co. Limited has said they remain confident in the arbitral panel’s decision, which was unanimously in their favour.According to a company spokesperson, the arbitral panel, which was tasked with resolving the dispute, ruled decisively in favour of Zhongshan, recommending the award of compensation, a decision that was upheld by courts in multiple countries, further reinforcing the legitimacy of the panel’s findings.
“Zhongshan has only ever sought to assert its rights under international law, and is confident in its case. The independent arbitral panel found unanimously in its favour – and courts in multiple countries have upheld the view that the panel’s award of compensation should be enforced.
The French court was in full possession of the facts when it reached its decision. “Far from being just a fence, the Ogun Free Trade Zone was featured as a major international investment by the Economist Intelligence Unit.”He also stated the company’s long-standing willingness to engage in serious negotiations with the Nigerian Government to resolve the matter amicably.
“Zhongshan has for a long time been ready to enter serious negotiations with the Federal Government of Nigeria to settle this case, and still awaits an indication that the Government is equally willing.”
