August 16, (THEWILL) – Nigeria has initiated legal and diplomatic steps to ensure the release of its three presidential aircraft seized under a French court order.
THEWILL earlier reported the ex parte orders issued by the Judicial Court of Paris on March 7 and August 12, 2024, had authorised the seizure of the three jets undergoing routine maintenance in France and Switzerland.
These orders obtained by Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company, seeking to enforce an arbitral award granted in its favour in 2021 against Ogun State.
The court’s decision comes as part of enforcement efforts to ensure that the company receives $74.5 million in compensation, awarded by the arbitration panel. Bailiffs have served legal papers preventing the movement, sale, or purchase of the jets until the compensation is paid.
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 Federal Government of Nigeria has initiated measures to ensure the release of the aircraft.
A press statement issued by Kamarudeen Ogundele, spokesperson to Nigeria’s Attorney-General, said the Offices of the National Security Adviser (NSA) and the Attorney-General of the Federation have effected both legal and diplomatic actions to recover the jets.
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.
According to the statement, “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 aircraft, 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 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Meanwhile, Zhongshan, whose export processing zone management contract was revoked by the Ogun State government in 2016, has reiterated its earlier decision to settle its dispute with the Nigerian government.
While expressing confidence in the arbitral panel’s decision, which was unanimously in their favour, the company spokesperson, said “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.
“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.”
The company further highlighted the international significance of the Ogun Free Trade Zone, which had been recognised by the Economist Intelligence Unit as a key global investment.
Zhongshan reiterated its willingness to engage in serious negotiations with the Nigerian government to reach a settlement, but noted it is still waiting for a positive response from the authorities.
Earlier, Special Adviser to the President on Information and Strategy, Bayo Onanuga, described the French court’s order as an “arm-twisting tactic” by the Chinese company.
He claimed Zhongshan had misled the French court by withholding vital information. Onanuga further explained that the presidential jets were in France for routine maintenance when the court order was issued, arguing that as sovereign assets, they are protected by diplomatic immunity and should not be subject to foreign court rulings.
“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 judgement in the UK and USA but failed”, said Onanuga.
Both the Federal and Ogun State governments, according to Onanuga, have made efforts to resolve the matter, but the dispute remains ongoing.
